Utah House advances constitutional amendment to clarify municipal water service areas

The Utah House of Representatives voted Jan. 28 to advance a constitutional amendment intended to clarify how municipalities may manage and provide water beyond their boundaries. House Joint Resolution 3 (HJR3) passed the House by voice and recorded vote and was transmitted to the Senate after a 71-0 tally.

Sponsor Representative Stratton told colleagues the measure strikes and replaces language in the state constitution that historically barred municipalities from disposing of water rights. “No municipality corporation shall directly or indirectly lease, sell, alien, or dispose of any water works, water rights, or sources of water supplies,” Stratton said, explaining that HJR3 would revise that provision to allow municipalities to supply water outside city limits but “within the municipality’s designated water service area.”

The change is intended to reconcile constitutional text with long-standing local practices, Stratton and backers said. Stratton said the amendment and companion statutory changes are the product of a multiyear review that included interim committees and the Legislative Water Development Commission. He noted that the companion bill enacted last year (House Bill 31) contains statutory definitions and a delayed effective date tied to ratification of the amendment: “This bill takes effect on 01/01/2021 if the amendment to the Utah constitution … passes,” Stratton read during questions.

Members across the floor pressed for details about scope and safeguards. Representative Nelson asked how a municipality’s service area would be determined; Stratton replied that the service area “is defined by ordinance of the municipality supplying the water” and that those ordinances are reported and mapped to state agencies for oversight. Representative Coleman raised concerns about extraterritorial distribution and the so-called 40-year restriction on water acquisition; Stratton said those issues remain part of follow-up statutory work this session.

Multiple lawmakers cited extensive review: Representative Albrecht said the resolution had received unanimous approval in interim committees and from the Legislative Water Development Commission; Representative Siggers asked whether the Division of Water Resources and state water engineer supported the effort and was told they had endorsed the proposal. Representative Hawkes urged the House to act, calling the package the product of prolonged study in the water community.

After brief summations, the House opened voting and recorded 71 yes, 0 no. The resolution will now go to the Senate for its consideration. No final statutory changes take effect until required companion bills are enacted and any delayed effective dates are reached.

Procedural note: the House also read committee reports and referred several bills to standing committees during the same floor session.