Water, Lighting, and Sewers

Utah Code tit. 10, ch. 10-7, pt. 10-7-P3

in effect

Utah Code § 10-7-4 Water supply -- Acquisition -- Condemnation -- Protest -- Special election -- Determination of just compensation.

10-7-4. Water supply -- Acquisition -- Condemnation -- Protest -- Special election -- Determination of just compensation. (1) The board of commissioners, city council or board of trustees of any city or town may acquire, purchase or lease all or any part of any water, waterworks system, water supply or property connected therewith, and whenever the governing body of a city or town shall deem it necessary for the public good such city or town may bring condemnation proceedings to acquire the same; provided, that if within 30 days after the passage and publication of a resolution or ordinance for the purchase or lease or condemnation herein provided for one-third of the resident taxpayers of the city or town, as shown by the assessment roll, shall protest against the purchase, lease or condemnation proceedings contemplated, such proposed purchase, lease or condemnation shall be referred to a special election, and if confirmed by a majority vote thereat, shall take effect; otherwise it shall be void. (2) In all condemnation proceedings the value of land affected by the taking shall be considered in connection with the water or water rights taken for the purpose of supplying the city or town or the inhabitants thereof with water. (3) In determining just compensation in a condemnation proceeding under this section in a municipality located in a county of the first class where a determination of market value of what is proposed to be taken is impractical because there is no meaningful market for what is proposed to be taken, the value shall be: (a) presumed to be the amount the owner paid to acquire ownership of what is proposed to be taken, as adjusted by a change in value due to post-acquisition deterioration and any other factor reasonably and equitably bearing on the value of what is proposed to be taken; and (b) determined by applying equitable considerations including: (i) whether the owner will be unjustly enriched; (ii) whether the owner acquired the property by exaction or similar method; and (iii) the extent to which the consideration the owner provided in acquiring the property consists of an obligation to maintain the property and whether that obligation will be assumed by the municipality because of the condemnation. (4) This section may not be construed to provide the basis for a municipality's condemnation of a political subdivision of the state or of the political subdivision's property or holdings. Amended by Chapter 378, 2010 General Session

Utah Code § 10-7-5 Limitations on lease or purchase.

10-7-5. Limitations on lease or purchase. It is not lawful for any city or town to lease or purchase any part of such waterworks less than the whole, or to lease the same, unless the contract therefor shall provide that the city or town shall have control thereof and that the net revenues therefrom shall be divided proportionately to the interests of the parties thereto; said contract shall also provide a list of water rates to be enforced during the term of such contract. Amended by Chapter 378, 2010 General Session

Utah Code § 10-7-6 Contracts for lighting public buildings, streets, and alleys.

10-7-6. Contracts for lighting public buildings, streets, and alleys. The board of commissioners, city council, or the board of trustees may enter into a contract on behalf of the city or town for the lighting of its public buildings, streets, alleys, and other public places for a period of time that the board of commissioners, city council, or board of trustees may consider advisable. Amended by Chapter 105, 2012 General Session

Utah Code § 10-7-7 Bond issues for water, light, and sewers.

10-7-7. Bond issues for water, light, and sewers. (1) A city of the first or second class may incur an indebtedness, not exceeding in the aggregate with all other indebtedness 8% of the value of the taxable property in the city, for the purpose of supplying the city with water, artificial light, or sewers, when the works for supplying the water, light, and sewers are owned and controlled by the city. (2) A city of the third, fourth, or fifth class or a town may become indebted to an amount not exceeding in the aggregate with all other indebtedness 12% of the value of the taxable property in the city or town for the purpose of supplying the city or town with water, artificial light, or sewers, when the works for supplying the water, light, and sewers are owned and controlled by the city or town. Amended by Chapter 292, 2003 General Session

Utah Code § 10-7-10.5 Authority to require written application for water or sewer service and to terminate service for failure to pay -- Limitations.

10-7-10.5. Authority to require written application for water or sewer service and to terminate service for failure to pay -- Limitations. (1) A municipality that owns or controls a system for furnishing water or for providing sewer service may: (a) before furnishing water or providing sewer service to a property, require the property owner or an authorized agent to submit a written application, signed by the owner or an authorized agent, agreeing to pay for all water furnished or sewer service provided to the property, respectively, whether occupied by the owner or by a tenant or other occupant, according to the ordinances, rules, and regulations adopted by the municipality; and (b) if an owner fails to pay for water furnished or sewer service provided to the owner's property, discontinue furnishing water or providing sewer service to the property, respectively, until all amounts for water furnished or sewer service provided, respectively, are paid, subject to Subsection (2). (2) (a) A municipality may not use an owner's failure to pay for water furnished or sewer service provided to the owner's property as a basis for not furnishing water or providing sewer service to the property after ownership of the property is transferred to a subsequent owner. (b) A municipality may not require an owner to pay for water that was furnished or sewer service that was provided to the property before the owner's ownership. Amended by Chapter 316, 2004 General Session

Utah Code § 10-7-12 Scarcity of water -- Limitation on use.

10-7-12. Scarcity of water -- Limitation on use. In the event of scarcity of water the mayor of any city or the president of the board of trustees of any town may, by proclamation, limit the use of water for any purpose other than domestic purposes to such extent as may be required for the public good in the judgment of the board of commissioners or city council of any city or the board of trustees of any town. No Change Since 1953

Utah Code § 10-7-13 Right of entry on premises of water user.

10-7-13. Right of entry on premises of water user. All authorized persons connected with the waterworks of any city or town shall have the right to enter upon any premises furnished with water by such city or town to examine the apparatus, the amount of water used and the manner of use, and to make all necessary shutoffs for vacancy, delinquency or violation of the ordinances, rules or regulations enacted or adopted by such city or town. No Change Since 1953

Utah Code § 10-7-14 Rules and regulations for use of water.

10-7-14. Rules and regulations for use of water. (1) As used in this section: (a) "Designated water service area" means the area defined by a municipality in accordance with the Utah Constitution, Article XI, Section 6, Subsection (1)(c). (b) "Retail customer" means an end user: (i) who receives culinary water directly from a municipality's waterworks system; and (ii) whom the municipality described in Subsection (1)(b)(i) bills for water service. (c) (i) "Waterworks system" means municipally owned collection, treatment, storage, and distribution facilities for culinary or irrigation water, including any pipe, hydrant, or appurtenance to a pipe or hydrant. (ii) "Waterworks system" does not include a water right or a source of supply such as a well, spring, stream, or share in a mutual irrigation company. (2) A municipality may enact ordinances, rules and regulations for the management and conduct of the waterworks system owned or controlled by it. (3) A municipality that provides water to a retail customer outside of the municipality's boundary shall: (a) create and maintain a map showing: (i) the municipality's designated water service area; and (ii) each area outside the municipality's designated water service area where a retail customer receives water service from the municipality; (b) transmit a copy of the map described in Subsection (3)(a) to the state engineer; (c) if the municipality has more than 500 retail customers, post the map described in Subsection (3)(a) on the municipality's website; (d) define, by ordinance, the area included in the municipality's designated water service area; (e) adopt, by ordinance, any municipality rule or regulation applicable to the municipality's designated water service area or to a retail customer located outside of the municipality's designated water service area; and (f) adopt, by ordinance, reasonable water rates for retail customers in the municipality's designated water service area, in accordance with Section 10-8-22. (4) Within the municipality's designated water service area, a municipality shall: (a) provide service to all retail customers in a manner consistent with principles of equal protection; and (b) apply restrictions on water use to all retail customers in times of anticipated or actual water shortages in a manner consistent with principles of equal protection. (5) Nothing in this section: (a) prohibits a municipality from enacting a service restriction or other restriction: (i) affecting: (A) a localized area; or (B) the municipality's entire designated water service area; and (ii) (A) based on an operational or maintenance need; (B) based on an emergency situation; or (C) to address a health, safety, or general welfare need; (b) expands or diminishes the ability of a municipality to enter into a contract to supply water outside of the municipality's designated water service area; or (c) alters the authorities or definitions described in Title 19, Chapter 4, Safe Drinking Water Act. (6) A municipality may not sell or convey an interest, in part or in whole, of the municipality's waterworks system, except to a public entity as defined in Section 73-1-4. Amended by Chapter 99, 2019 General Session

Utah Code § 10-7-14.3 Time limit for cities of first class.

10-7-14.3. Time limit for cities of first class. In cities of the first class the authority to levy an additional .0008 per dollar of taxable value of taxable property above the overall limitation provided by Section 10-6-133 shall be limited to a period of 10 years from the date of the first levy. Amended by Chapter 22, 1989 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title10/Chapter7/10-7-P3.html?v=C10-7-P3_1800010118000101Fetched: 10/26/2026