050 of 1993 - Watershed areasO 93-1
O 93-30
SALT LAKE CITY ORDINANCE
No. 50 of 1993
(Watershed areas)
AN ORDINANCE AMENDING SECTIONS 17.04, 17.08, 17.12 AND 17.24
OF THE SALT LAKE CITY CODE, RELATING TO WATERSHED AREAS, CITY
CREEK CANYON, METROPOLITAN WATER DISTRICT AND IRRIGATION WATER,
RESPECTIVELY.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That
relating to watershed
as follows:
Sections:
Article I.
17.04.010
17.04.020
17.04.030
17.04.040
17.04.050
17.04.060
17.04.065
Article II
17.04.070
17.04.080
17.04.090
17.04.100
17.04.110
Article II
17.04.120
17.04.130
17.04.140
17.04.150
17.04.160
17.04.170
Section 17.04 of the Salt Lake City Code,
areas, be, and the same hereby is, amended
Division I. Water System
Chapter 17.04
WATERSHED AREAS
General Provisions and Permits
. Subdivisions
* * *
* * *
* * *
* * *
Sale of lots prior to construction approval.
I. Livestock and Other Animals
Livestock --At large prohibited --Permits.
Livestock --Prohibited near streams.
Livestock --Deemed estrays when--Inpoundment.
Corrals and other structures prohibited.
Dogs --Permit requirements.
Dogs --Prohibited in designated areas.
Article IV
17.04.180
17.04.190
17.04.200
17.04.210
17.04.220
17.04.230
17.04.240
17.04.250
17.04.260
17.04.270
17.04.280
17.04.290
17.04.300
Article V
17.04.310
17.04.320
17.04.330
17.04.340
17.04.350
17.04.360
17.04.370
. Water Use and Sanitary Facilities
Rules and regulations.
Garbage and sewage disposal system supervision.
Water -using facilities --Permit required.
Sanitary sewage disposal system required.
Sewage disposal requirements.
Garbage or human waste disposal --Permit required.
Cesspools and septic tanks --Permit conditions.
Chemical toilets or privies.
Sanitary facilities --Alterations.
Sanitary facilities --Emptying requirements.
Hauling of human waste required.
Prohibited location of toilet vaults.
Unlawful to break condemning seal.
Article VI.
17.04.380
17.04.390
17.04.400
Article VII.
17.04.410
Water Pollution and Other Unlawful Activities
Nuisances prohibited.
Pollution of canyon waters prohibited.
Prohibited Acts.
Camping and campfire restrictions.
Glass breakage prohibited.
Garbage deposit prohibited.
Putrescible material prohibited.
Enforcement
Interfering with city officers prohibited.
Violation --Penalty.
Trespassing.
Appropriations of Water
Applications for appropriations of water --
Protests.
Article VIII. Adoption of Public Law
17.04.420 Watershed Improvement Act.
17.04.010
A.
B.
Article I. General Provisions and Permits
Definitions.
* * *
1. through 6.
* * *
"Aquifer" means an underground formation that contains
and transmits ground water.
2
C. "Department" means the Salt Lake City -County Health
Department.
D. "Director" means the director of the Salt Lake City
Department of Public Utilities or his/her authorized
representative.
E. "Health Director" means the director of the Salt Lake
City -County -Health Department or his/her authorized
representative.
F. "Limiting distance" means the distance by horizontal
measurement from the normal bank of a stream or the high water
line of a reservoir as determined by the Department.
G. "Nonpoint Discharge" means any surface or subsurface
discharge of wastewater to a designated watershed stream segment
or tributary, from diffuse source(s) or conveyance(s).
H. "Owner" means any person who alone, jointly or
severally with others:
1. has legal title to any premises, dwelling or
dwelling unity, with or without accompanying actual
possession thereof; or
2. has charge, care, or control of any premises,
dwelling, or dwelling unit, as legal or equitable owner or
agent of the owner, or an executrix, administrator,
administratrix, trustee, or guardian of the estate of the
owner.
I. "Person" means any individual, public or private
corporation and its officers, partnership, association, firm,
3
trustee, executor of any estate, the state or its departments,
institution, bureau, agency, county, city, political subdivision,
or any legal entity recognized by law.
J. "Point Source Discharge" means any surface or
subsurface discharge of wastewater, treated or otherwise, to a
designated watershed stream segment or tributary, from a discrete
conveyance.
K. "Pollution" means any man-made or man -induced
alteration of the chemical, physical, geological, radiological or
biological integrity of water under standards of the Utah State
Department of Health or the Environmental Protection Agency
(EPA).
L. "Putrescible Material" means any organic material
subject to biological decomposition with the production of
offensive odors associated with anaerobic or facultative aerobic
conditions, including but not limited to dead animals, garbage,
manure, compost and vegetable matter.
M. "Reservoir" means any natural or artificial lake or
pond, except a storm water detention basin.
N. "Residence" means a single-family dwelling.
0. "Salt Lake City Watershed Area or City Watershed" means
the watershed area supplying drinking water to the residents of
Salt Lake City or the Salt Lake City Water System for drinking or
residential uses, including but not limited to:
4
1. All of Big Cottonwood watershed area lying east of
the Salt Lake City water intake, which is located east of
Wasatch Boulevard in the mouth of said canyon;
2. All of the Parley's Canyon watershed area lying
north and east of the Salt Lake City Mountain Dell Reservoir
Dam;
3. All of the City Creek Canyon watershed area lying
north and east of Salt Lake City's City Creek Treatment
Plant sludge beds;
4. All of the Little Cottonwood Canyon watershed area
extending 50 feet on both sides of Little Cottonwood Creek
east from the Little Cottonwood Creek radial gate intake
structure, which structure is located approximately 600 feet
west of Wasatch Boulevard, east to the intersection of
Little Cottonwood Road and the North Fort of Little
Cottonwood Road and all of the Watershed area east of the
Little Cottonwood Canyon Road and North Fork of Little
Cottonwood Road.
5. All of the Emigration Canyon watershed area that
contributes water to Emigration Creek from Burr Fork and
Killyon Canyon above a point at the intersection of State
Highways 65 and 172;
6. Any other watershed area designated by law, either
existing or to be defined in the future by the governing
authority of Salt Lake City.
5
P. "Sewage means a combination of liquid or water carried
wastes produced by man, animal or fowl from residences business
buildings, institutions, industrial establishments, agriculture,
recreation and other locations, including septic tanks, privy
vaults and cesspools, together with ground, surface and storm
water.
Q. "Superintendent of waterworks" means an official who,
under the executive direction of a governing authority, has
charge of all facets of the water supply and distribution systems
in a given jurisdiction; in Salt Lake City it is the Director.
R. "Watercourse" means aqueducts, pipelines, natural or
artificial streams or channels through or in which water at any
time flows.
S. "Watershed area" means the entire area in any canyon
above the intake of the city within which water drains into any
stream or tributary thereof or any artesion or flowing well basin
and/or having an existing or proposed water intake of the city
within which water drains into any stream, tributary, or aquifer
where such waters are taken by or may be taken by the City into
its Waterworks System for the culinary and domestic use of the
inhabitants thereof.
T. "Waterworks system" means any facility used to divert
surface or underground water into a system for distribution to
culinary users, including but not limited to diversion works,
treatment or appurtenant facilities, plants, aqueducts, pipes and
other distribution facilities.
6
U. "Well" means any artificially made pipe, shaft or hole
sunk into the earth below the ground surface into a water bearing
strata from which water may be taken.
17.04.020
Preamble.
Preamble--Permit--Required for water use
Conditions.
* * *
A. through D.
* * *
* * *
E. When the approved spring which an applicant desires to
use is a spring which is already being used under a permit from
the city, the city shall not issue a new permit unless (1)
utilization of the water from such spring by the applicant will
not interfere with the supply to the other then existing
permittees using such approved spring, (2) the then existing
permittees using such approved spring who own a water system
shall approve of such new connection to their system, except for
the spring box or other spring capturing device, and (3) the
existing permit shall be amended in a manner satisfactory to the
then existing permittees and the city to take into account
required conditions (1) and (2). The city retains the right to
authorize a tap or connection for a new permittee to any spring
box or other spring capturing device.
F. through H. * * *
17.04.030 Charges for use of water. * * *
17.04.040 Permit --Rights permissive only.
* * *
17.04.050 Easements and service connections.
7
An applicant for a permit must supply satisfactory evidence
that the applicant will be able to provide at applicant's sole
expense all easements necessary for the transportation of water
form the approved spring to the point where it is to be used.
All users shall make and maintain connections at their sole
expense and shall construct and maintain at their sole expense
any and all water lines, spring boxes, valves, etc., necessary to
supply culinary water to their premises. All connections and
appurtenances, both as to materials used and method of
construction, shall be subject to the approval of the city.
17.04.060 Permit --Revocation conditions.
* * *
A. through C.
* * *
D. Use for any purpose other than those allowed by city
permit;
E. and F. * * *
G. Any other cause deemed necessary by the director or
health director to protect the safety, health and welfare of the
inhabitants of the City's water service area.
17.04.065 Exchange or water rights.
17.04.070
17.04.080
* * *
Article II. Subdivisions
Construction -Approval required --Conditions.
Waste disposal system requirements.
* * *
All applicants for a water use permit on the watershed area
shall comply with all city, county, department and state waste
disposal system regulations.
8
17.04.090 Plans and other specifications.
All applicants for a water use permit with the city's
watershed areas shall submit to the proper governing authority
all other plans, specifications and drawings required by
applicable law or ordinances.
17.04.100 Construction permit approval conditions.
Approval by other agencies of the general subdivision layout
shall not be considered approval for a water use permit.
17.04.110 Sale of lots prior to construction approval.
If any lot is sold before approval for construction and a
water use permit has been issued by the director and the
department, the seller must notify the buyer that construction
has not been approved.
Article III. Livestock and Other Animals.
17.04.120 Livestock --At large prohibited --Permits.
No livestock shall be allowed, such as, but not limited to,
cattle, horses, sheep, hogs, or any other domestic animals to run
at large within the city's watershed area, except where such
livestock are permitted in writing by the director or health
director.
17.04.130 Livestock --Prohibited near streams.
A. Animals Not to Water from Stream. Except as permitted
in writing by the director, no person shall permit any horses,
cattle, sheep, hogs or other animals to water directly from a
stream in a watershed area.
17.04.140 Livestock --Deemed estrays when --Impoundment.
9
Whenever any loose cattle, horses, sheep, hogs or other
animals are found within the watershed area of the city, as
herein defined, without a written permit from the director, the
director shall cause any such animals to be impounded and dealt
with according to law.
17.04.150 Corrals and other structures prohibited.
No person shall construct or maintain any corral, sheep pen,
pig pen, chicken coop, stable, or any other such structure or
outhouse within Salt Lake City's watershed areas, except as
permitted in writing by the director.
17.04.160 Dogs --Permit requirements.
Owners or lessees of residences located within the Salt Lake
City watershed area may be allowed to maintain a dog within the
watershed areas of the city only with and subject to a written
permit from the Director.
A. Applicants shall submit to the Salt Lake County
division of animal control certification of property ownership
within city's watershed, or if a lessee, an owner's
certification.
B. Applicants for such permits must submit a request to
the department and obtain prior written approval, which must
include their proposed method of housing and fencing in the dog.
Such housing and the fenced enclosure shall be maintained in a
clean and sanitary condition at all times and subject to
inspection at any time by proper authorities.
C. through F.
10
17.04.170 Dogs --Prohibited in designated areas.
A.
* * *
B. All canyon watershed areas except when being
transported in a motor vehicle in Parleys Canyon, on county roads
or state highways or in canyon watershed areas, by permit from
the Director;
C. All of the City Creek Canyon watershed area lying north
and/or east of Salt Lake City's City Creek Treatment Plant sludge
beds and in other areas of City Creek Canyon above the entrance
when a written permit is required by the director.
Article IV. Water Use and Sanitary Facilities.
17.04.180 Rules and regulations.
The director and health director are hereby authorized and
directed to prescribe rules and regulations not contrary to law,
for governing all matters of sanitation within the Salt Lake City
watershed area.
74.04.190 Garbage and sewage disposal system supervision.
Approvals for the location, construction and maintenance of
all garbage or sewage disposal systems, vaults and privies, and
the disposal of garbage and human waste, shall be under the
direct supervision and control of the director and/or the health
director.
17.04.200 Water -using facilities --Permit required.
It is unlawful for any person to construct, use or maintain
any closet, privy, outhouse, cesspool, urinal or sewage disposal
11
system, or any public bathhouse, swimming tank or swimming pool
at any place within the watershed area of the city, as defined in
this chapter, unless such closet, privy, outhouse, cesspool,
urinal or sewage disposal system, public bathhouse, swimming tank
or other such facility is provided with effective germ -destroying
appliances, and without first having obtained from the director
and health director a permit for the construction, use and
maintenance of same.
17.04.210 Sanitary sewage disposal system required.
Any person who owns, operates, maintains or permits the use
of any house, cottage, cabin, human habitation or camping place
shall be required to provide and maintain a sewage disposal
system satisfactory to the director and health director, and upon
such person's failure so to do, the health director shall have
and there is hereby conferred upon the director the authority to
close, seal and prevent the use of such house, cabin, human
habitation or camping place.
17.04.220 Sewage disposal requirements.
It shall be unlawful for any person:
A. To deposit any human excreta within the city watershed
(except that a backpacker or hiker may pothole and cover excreta
with at least six inches of soil, and at least three hundred feet
from live water) other than into a toilet connected to public
sewerage or into a chemical type toilet approved by the health
director. Other methods of disposal may be approved by the
director or health director provided they do not create any
12
health hazard or pollution problem. Vaults, privies, chemical
privies and privies connected to holding tanks may be permitted
with written approval of the director provided the effluent from
such tanks is treated in conformance with the Utah State
Department of Health Code of Waste Disposal Regulations and
transported from the city watershed by a licensed scavenger to an
authorized dumping station. It also shall be unlawful:
1. To construct, use or maintain any cesspool(s) for
disposal of human waste anywhere within the ,city watershed.
2. To discard garbage or debris in the watershed
area.
3. To damage, vandalize or destroy any authorized
toilet or privy within the city watershed area without
permission from the owner.
B. Construction of any sewer line in the city watershed
area shall not begin until there is written approval received
from the director and the health director.
C. The director shall require the pumping of sewage
storage vault(s) in accordance with applicable laws.
D. A sewage disposal system or privy within any city
watershed area shall be sealed immediately if it is unsanitary or
does not comply with the requirements of applicable laws,
ordinances or regulations. Such a facility may not be used until
it conforms to the requirements of applicable laws, ordinances or
regulations. It shall be unlawful for any person to use or
13
maintain any such facility after it has been sealed in accordance
with the provisions of this section.
E. When the director or health director determines that a
privy or other source of pollution is a hazard to the watershed
or water supply system, or both, and the hazard cannot be
adequately remedied or corrected, the director or health director
shall order the destruction and removal of the privy or source of
pollution. Cost of all remedies shall be borne by the owner.
17.04.230 Garbage or human waste disposal --Permit required.
It is unlawful for any person other than Salt Lake County to
collect or dispose of garbage or human waste within the watershed
areas described in this chapter without a permit from the health
director, and no such permit shall be granted to any person
except a licensed scavenger and then only with the equipment that
has already been approved for such work by the health director.
17.04.240 Septic tanks --Permit conditions.
Septic tanks and/or drain fields may be used for the
disposal of wastewater from sinks, washbowls and bathtubs (gray
water). The location and construction of the same must be
approved by written permit granted by the director or health
director.
17.04.250 Chemical toilets or privies.
Chemical toilets or privies shall be installed and used
within the city's watershed only with the prior written approval
of the director or health director.
17.04.260 Sanitary facilities --Alterations.
14
No person shall alter any existing, or construct or install,
any new receptacle for human excreta without first having the
plans thereof approved by the health director and director and
all receptacles for human excreta shall be operated and
maintained in a manner approved by the director and the health
director.
17.04.270 Sanitary facilities --Emptying requirements.
A. All vaults or other approved receptacles used by any
person for storage of human excreta shall be emptied completely
at least once each year. Additionally, whenever the level of
human excreta in such vault or receptacle is allowed to reach
eighty percent of capacity or a point twelve or less inches below
any removal or leakage point, or the ceiling of such vault or
receptacle, whichever point is lower, a notice of violation will
be issued to the owner or operator of the facility using such
vault or receptacle, allowing twenty-four hours for complete
removal of such excreta. Upon any failure to comply with a
notice to remove all excreta within twenty-four hours, the house,
cabin, human habitation or camping place, or other facility
involved in such notice shall be closed and sealed to prevent its
use until the owner or operator of such facility complies
herewith. All owners and others having control over the use of
such vaults are encouraged to keep the level of excreta below
sixty percent of the vault's capacity to allow sufficient reserve
for emergencies.
B. * * *
15
17.04.280 Hauling of human waste required.
The effluent from any tank or privy for human excreta must
be hauled (by a licensed scavenger) at the cost of the owner or
occupant to an approved sewage disposal site.
17.04.290 Prohibited location of toilet vaults.
No person shall construct, locate or maintain any vault for
the deposit or storage of human excreta within one hundred lineal
feet from the edge of any spring, marsh, watercourse, water
source or reservoir within the watershed area of'the city, or at
any place or in such manner as to contaminate or threaten to
contaminate the same.
17.04.300 Unlawful to break condemning seal.
It is unlawful for any person to break or remove any seal
placed by the health director, or any deputy or inspector acting
under the health director's direction, upon any privy, closet,
urinal or other place where human waste is deposited, or to use
any such place so sealed until the nuisance is abated.
Article V. Water Pollution and Other Unlawful Activities.
17.40.310 Nuisances prohibited.
It is unlawful for any person to commit any nuisance
whatsoever in any watershed area of the city.
17.04.320 Pollution of canyon waters prohibited.
It is unlawful for any person to do or allow to be done any
act that will pollute any source of water of the city, and in
particular, it is unlawful for any person to do or allow to be
done any of the things described in this chapter in any canyon or
16
along any stream of water used by the inhabitants of the city for
water supply anywhere within the watershed area of the city.
17.04.330 Prohibited acts.
It is unlawful for any person to bathe, swim or wash
clothes, diapers, eating or cooking utensils, or any other object
of any kind in any spring, marsh, water course, water source,
water stream or reservoir within the city watershed.
17.04.340 Camping and campfire restrictions.
A. Picnicking and Camping. No person shall spread or eat
any picnic or lunch at places forbidden or unauthorized by the
director or health director, who may require that picnicking or
camping be confined to certain designated places. Except as
stated below, no person shall camp overnight within the city's
watershed areas, except within areas authorized, designated and
posted as campgrounds for overnight camping during the camping
season as designated by the director or the United States Forest
Service, and except in connection with backpacking where the
campsite is at least one-half mile from any access or other
roadway and at least two hundred feet (sixty-one meters) from any
spring, stream or other water source.
B. Restrictions for Campfires and Smoking. The director
shall have power and authority to erect all signs necessary to
forbid the making or having campfires, bonfires, or any other
kind of combustible material ignited, and to prohibit smoking,
except in designated places, in any of the watersheds under the
jurisdiction of the director. The director may set aside certain
17
areas in city watersheds in which campfires and smoking may be
restricted or prohibited.
17.04.350 Glass breakage prohibited.
No person shall throw or break bottles or glass anywhere
within the watershed area.
17.04.360 Garbage deposit prohibited.
No person shall throw or deposit any garbage or other refuse
matter of any kind anywhere within the city watershed, except
into a garbage disposal site or container designated by the
health director.
17.04.370 Putrescible material prohibited.
No person shall deposit any garbage, vegetable or any
putrescible matter in any spring, marsh, watercourse, water
source or reservoir within the watershed of the city, or put the
same into or upon the ground within the city watershed unless
sufficient and adequate provisions is first made to prevent their
being washed or carried into any such water source or supply. No
person shall deposit pile, unload or leave any garbage or other
refuse or putrescible material at any place within the watershed
area as herein defined.
Article VI. Enforcement
17.04.380 Interfering with officers prohibited.
It is unlawful for any person to interfere with, molest,
hinder or obstruct the director, the health director, law
enforcement officers or any of their agents or employees while in
the performance of the duties imposed by this chapter.
18
17.04.390 Violation --Penalty.
Any person violating any provision of this chapter of the
Salt Lake City Code shall be punished by a fine in any sum less
than one thousand dollars, or by imprisonment not to exceed six
months, or both such fine and imprisonment.
17.04.400 Trespassing.
A. It shall be unlawful for any person to take down any
fence, or to let down any bars, or to open any gate so as to
expose any enclosure, or to ride, drive, walk, lodge, or camp or
sleep upon the premises of another within the city watershed
without the permission of the owner or occupant thereof.
B. It shall be unlawful for any person to operate any type
of motor vehicle (including but not limited to motorcycles, trail
bikes, bicycles, dune buggies, motor scooters or jeeps) upon the
private property of another, within the city watershed without
first obtaining the written permission of the person in lawful
possession of the property or, if the property is unoccupied, the
owner of such property.
C. It shall be unlawful for any person to operate any type
of motor vehicle (including but not limited to motorcycles, trail
bikes, bicycles, dune buggies, motor scooters or jeeps) upon any
public property, within the city watershed except within
designated streets, highways or alleys, without first obtaining
the written permission of the public entity which is in
possession of such property or, if the property is unoccupied,
the public entity which owns such property.
19
D. Every person who operates any type of motor vehicle
upon the private property of another or upon any 'public property,
except as herein above provided, at all times while so operating
such motor vehicle shall maintain in his possession the written
permission required by the two preceding subsections, except
that, if the same document grants permission to two or more
persons a person named in such document need not have it in his
possession while another person named in the same document,
riding in the same group and not more than three hundred feet
from said person, has such document in possession.
E. This Article does not prohibit the use of such property
by the following:
1. Emergency vehicles;
2. Vehicles of commerce in the course of normal
business operations.
Article VII. Appropriations of Water
17.04.410 Applications for appropriations of water --
Protests.
It is the city's general policy to file a protest with the
state engineer with respect to any application which is
inconsistent with this chapter or with respect to a use for which
no permit has been issued pursuant to this chapter, including
without limitation, changes in place of diversion, purpose of
use, importation of water from other watersheds, drilling of
wells, and transfer of water rights into watershed areas;
provided, however, that the city's director of public utilities
20
and the city attorney shall determine whether to file such a
protest in any particular case.
Article VIII. Adoption of Public Law
17.04.420 Watershed Improvement Act.
Salt Lake City Corporation adopts by reference as though
fully stated herein, the "Salt Lake City Watershed Improvement
Act of 1990," Public Law 101-634 (The Act), enacted by the Senate
and House of Representatives of the United States of America and
approved on November 28, 1990. The city accepts and will abide
by the terms of the act.
SECTION 2. That Section 17.08 of the Salt Lake City Code,
relating to City Creek Canyon, be, and the same hereby is,
amended as follows:
Sections:
17.08.010
17.08.020
17.08.030
17.08.040
17.08.050
17.08.060
17.08.070
17.08.080
17.08.090
17.08.100
17.08.110
17.08.010
17.08.020
Division I. Water System
Chapter 17.08
CITY CREEK CANYON
Animals.
* * *
* * *
Fires prohibited --Exception.
Firearm discharge restrictions.
Trees and shrubbery -Permit required for removal.
Nuisances prohibited.
* * *
* * *
21
17.08.030 Picnic facilities --Reservation fees.
Any person or group desiring to reserve picnic facilities
shall pay a fee for the use of such facilities as determined by
the Public Utilities Advisory Committee and approved by the
director.
17.08.040 Driving restrictions.
It is unlawful for any person to drive, ride or propel, or
cause or permit to be driven, ridden or propelled, any vehicle in
the canyon at a speed exceeding posted speed limits or is too
fast for existing
safe, or so as to
whatever, or upon
conditions or is greater than is reasonable and
endanger life, limb or property in any respect
approaching any bridge, sharp curve, dugway or
descent, or traversing such bridge, curve, dugway or descent, to
fail to have such vehicle under control at all times.
17.08.050 Animals.
Animals in City Creek Canyon are subject to the provisions
of section 17.04.160 of this code.
17.08.050 Breaking glass prohibited.
No person shall break bottles or glass anywhere within City
Creek Canyon.
17.08.070 Camping prohibited.
It is unlawful for any person to camp on any land within
City Creek Canyon.
17.08.080 Fires prohibited --Exception.
22
No person shall build any fire except in a clearly
designated fireplace or in an area set aside by the city for
fires.
17.08.090 Firearm discharge restrictions.
No person shall discharge any firearm, within the City Creek
watershed area, except in areas allowed for game hunting under
section 11.48.060, or its successor, in this code.
17.08.100 Vegetation, trees and shrubbery --Permit required
for removal.
It is unlawful for any person to dig up, cut down, injure,
carry off, or remove in any manner, vegetation, wood or
underwood, tree or timber, or branches of trees or shrubbery
within or from City Creek Canyon except by permit from the
director.
17.08.110 Nuisances prohibited.
No person shall commit or permit any nuisance to exist in
the canyon.
SECTION 3. That Section 17.12 of the Salt Lake City Code,
relating to City Creek Canyon, be, and the same hereby is,
amended as follows:
Sections:
17.12.010
17.12.020
17.12.030
17.12.040
17.13.050
Chapter 17.12
METROPOLITAN WATER DISTRICT
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17.12.010 Creation and incorporation of district.
It is ordained that the public convenience and necessity
require the incorporation of a Metropolitan Water District for
the purpose of providing an adequate water supply for the
inhabitants of the territory within the corporate boundaries of
Salt Lake City. Said Metropolitan Water District is hereby
incorporated under the laws of the state of Utah, and
particularly under the Metropolitan Water District Act. The
cities to be included within the district are Salt Lake City and
Sandy City, and the name of the district shall be "The
Metropolitan Water District of Salt Lake City."
17.12.020 Board of directors --Number of members.
The board of directors of the Metropolitan Water District of
Salt Lake City shall consist of seven members with five directors
appointed by Salt Lake City and two directors by Sandy City
pursuant to existing agreements between the two cities and the
Metropolitan Water District of Salt Lake City.
17.12.030 Board of directors --Appointment.
One of the directors shall be an ex officio director who
shall be the director of public utilities of Salt Lake City. The
other four Salt Lake City directors shall be appointed by the
mayor, with the advice and consent of the city council.
17.12.040 Board of directors --Qualifications.
The Salt Lake City appointed members of the board of
directors of the Metropolitan Water District shall be registered
voters, property taxpayers, and residents of Salt Lake City. No
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person shall be eligible for Salt Lake City appointment to the
board of directors who is an officer or employee of the city. A
Salt Lake City appointed director shall forfeit his or her
position as director if at any time after appointment such
director becomes an officer or employee of the city. The
appointment of directors by the mayor shall be made without
regard to partisan political affiliations and shall be made from
citizens of the highest integrity, attainment, competence and
standing in the community of Salt Lake City.
17.12.050 Board of directors --Term of office.
The ex officio director shall be a director during such time
as he shall be public utilities director, and of the four Salt
Lake City appointed directors, one shall hold office until the
fifteenth day of May, 1965; one shall hold office until the
fifteenth day of May, 1966, one shall hold office until the
fifteenth day of May, 1968, and one shall hold office until the
fifteenth day of May, 1969. The term of office for each Salt
Lake City appointed director shall be six years.
SECTION 4. That Section 17.24 of the Salt Lake City Code,
relating to irrigation water, be, and the same hereby is, amended
as follows:
Sections:
17.24.010
17.24.020
17.24.030
Chapter 17.24
IRRIGATION WATER
Public irrigation waterway defined.
* * *
25
17.24.040
17.24.050
17.24.060
17.24.070
17.24.080
17.24.090
17.14.100
17.24.110
17.24.120
17.24.130
17.24.140
17.24.150
17.24.160
* * *
Crossing ditches --Bridges required when.
17.24.010 Public irrigation waterway defined.
"Public irrigation waterway" means any ditch or canal
through which the city distributes irrigation water as
distributing agent, as provided by law.
17.24.020 Ditches --Careful construction --Damage liability.
Where persons are obliged to convey water across lands lying
between their premises and the public irrigation waterway, the
conveyance shall be done with the least possible injury to
property, both in constructing the necessary ditches and in
managing the water flowing therein, and such person shall be
liable for all damages caused by negligence in the construction
of such ditches or in the management of water flowing therein.
17.24.030 Headgate requirements --Sidewalk crossings.
It is unlawful for any person to convey water from a public
irrigation waterway to such person's lot or premises, by an
irrigation ditch or waterway, without first having constructed,
under the direction of the public utilities director, a
substantial gate, both in the public irrigation waterway and at
the head of such person's branch ditch; the latter such person
26
shall keep closed and watertight, except during the period
allotted to such person for the use of such water; and where the
branch ditch crosses any portion of a sidewalk, such ditch shall
be contained in pipe or other substantial material as approved by
the director, the covering of which shall be on a level with
such sidewalk.
17.24.040 * * *
17.24.050 Crossing ditches --Regular crossings to be used.
It is unlawful for any person to drive any motor vehicle or
other vehicle across any public irrigation waterway or canal
within the corporate limits of Salt Lake City, other than at a
regular crossing.
17.24.060 Crossing ditches --Bridges required when.
It shall be the duty of any person desiring to drive across
any public irrigation waterway or canal at any place other than
at a public crossing, before so doing, to place over said ditch,
waterway or canal a director's, or his/her designee's, approved
bridge, sufficiently high and of sufficient capacity so as not to
interfere with or prevent the free and unobstructed flow of water
in such ditch, waterway or canal, such bridge to be constructed
only with the permission of and under the direction or the
director.
17.24.070 * * *
17.24.080 * * *
17.24.090 * * *
17.24.100 * * *
27
17.24.110
17.24.120
17.24.130
* * *
* * *
Disposition of waste irrigation water.
It shall be the duty of all persons using water for
irrigation or other purposes to conduct the surplus or waste
water into a waterway, and it is unlawful for any person to
permit such water to flood the streets, sidewalks or private
property to the damage thereof, or to run unnecessary waste.
17.24.140 Obstructing irrigation ditches prohibited.
It is unlawful for any person to place any pole, board or
other obstruction whatsoever or any waste material, other than
irrigation water, in any public ditch, waterway or canal for any
purpose, or in any manner to interfere with the free and
unobstructed flow of water in such ditch, waterway or canal.
17.24.150 Wrongful diversion of water prohibited.
It is unlawful for any person to turn the water from any
public irrigation waterway or reservoir, or from any private
irrigating ditch during an irrigating period, except when the use
of such water has been duly allotted to such person, or willfully
or maliciously to break any dam, gate, sluice or ditch used for
diverting or controlling such water, or in any manner to change
the current or flow of water used for irrigation purposes, in any
of such ditches. No person shall at any time divert more water
than his/her right and time for taking entitles him/her.
17.24.160
* * *
28
Y. V
4
SECTION 5. This Ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this
CHIEF DEPUT
Transmitted to the Mayor
Mayor's Action:
ATTEST:
40' tic
AJOINNI-
• TY RECO:17'
CHIEF DtUF
R.LM:rc
Bill No. 50 of 1993
PUBLISHED: July 21, 1993
N:\ATTY\ORDINA93\WATERSHE.RLM
XX
tt-dx-e-„0-)110,
CHAI ERSCDN
on July 13, 1993
Approved
29
Vetoed
3