Legislative Version Ordinance - 10/12/2022LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. __ of 2022 2
(An ordinance amending 17.16.10(c) and 17.16.020 limiting water availability) 3
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WHEREAS, the Salt Lake City Council finds that the City has adequate water resources 6
for the current needs of the City’s customers in the City’s designated water service area; and 7
WHEREAS, the City holds water interests that can be developed in the future for the 8
benefit of its water customers, but the City’s water resource supply is not unlimited and changing 9
environmental conditions, prolonged drought and development are placing significant pressures 10
on the City’s water resources; and 11
WHEREAS, the City’s water service area includes areas outside of the City where the 12
City does not have land use authority or other powers to regulate development that could be used 13
to help manage the future availability of water to all the City’s water customers; and 14
WHEREAS, the majority of the City’s water resources emanate from the watershed that 15
contributes water to the Great Salt Lake, and the City is very concerned that a shrinking Great 16
Salt Lake has significant negative ramifications to the health and welfare of the public and 17
environment; and 18
WHEREAS, immediate steps are appropriate to limit use of the City’s water resources by 19
water consumers that would consume very large quantities of water that would exacerbate the 20
pressures on the City’s water resources and the Great Salt Lake system; and 21
WHEREAS, the Salt Lake City Council desires to place reasonable limits on the future 22
use of water availability to help protect and preserve the availability of the City to provide water 23
to its current customers and to future development in the City’s water service area that will 24
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promote the public health, safety and general welfare of the present and future City residents and 25
neighboring communities; and 26
WHEREAS, the Salt Lake City Council finds, after holding a public hearing on this 27
matter, that adopting this ordinance promotes the health, safety, and public welfare of the 28
citizens of the City and neighboring communities within the City’s water service area. 29
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: 30
SECTION 1. Amending the Text of Salt Lake City Code Chapter 17.16. That Chapter 31
17.16 be amended as by adding a new subsection, 17.16.10 (C) and amending 17.16.020 as 32
follows: 33
17.16.010: FURNISHING OF WATER; APPLICATION REQUIRED: 34
A. No culinary water shall be furnished to any house, tenement, apartment, building, 35
place, premises or lot, whether such water is for the use of the owner or tenant, unless the 36
application for water shall be made in writing, signed by such owner or the owner's duly 37
authorized agents, in which application the owner shall agree to pay for all water furnished 38
thereto according to city ordinances, rules and regulations. 39
B. In case an application to furnish water shall be made by a tenant of the owner, as a 40
condition of granting the same, such owner or the owner's duly authorized agent must either 41
cosign the application or sign a separate agreement which provides that, in consideration of the 42
granting of such application, the owner will pay for all water furnished such tenant, or any other 43
occupant of the place named in the application, in case such tenant or occupant shall fail to pay 44
the same in accordance with the city's ordinances, rules and regulations. 45
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C. The City will deny water service in the City’s designated water service area and areas 46
where the City is providing water under surplus water sales agreements under the following 47
conditions: 48
a. New development: Any new commercial or industrial development that 49
consumes or uses more than an annual average of 200,000 gallons of potable water per day 50
within the City’s designated water service area and under circumstances where the City is 51
providing water under a surplus water sales agreement. The use and consumption limit is based 52
on the total use from all water meters that serve the new development. 53
b. Expansions of Existing Uses: Any commercial or industrial development that 54
expands to an extent that increases its daily potable water consumption or use to exceed an 55
annual average of 200,000 gallons of potable water per day. Notwithstanding the provisions of 56
the City Code, an existing water customer that currently exceeds the water use threshold of 57
200,000 gallons of potable water per day will not receive water service from the City if the 58
expansion will result in a net increase in water consumption or use. The use and consumption 59
limit is based on the total use from all water meters that serve the water customer. 60
c. The Director of the Department of Public Utilities may also deny water service to 61
a new or existing water customer for water use that exceeds an average of 200,000 gallons of 62
potable water per day over less than a year, if the proposed use would exceed the anticipated 63
water availably for a particular location within the City’s designated water service area or within 64
areas where the City is providing water under surplus water sales agreements. 65
d. Water Use Report Required: A new or existing water customer shall certify the 66
anticipated daily water use of a proposed development or expansion of existing use in a manner 67
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satisfactory to the Department of Public Utilities. The Department of Public Utilities may require 68
an anticipated daily water use report of any water customer for a new use or expansion of an 69
existing use. 70
e. Exemption: Agricultural, residential, and institutional water customers are not 71
subject to the regulations of this subsection. For purposes of this section, an institutional water 72
customer includes government owned or operated facilities, places of worship, and hospitals. 73
17.16.020: APPLICATION; CONTENTS: 74
The applicant shall state fully and truly the purpose for which water is required, the 75
anticipated daily water use, and shall agree to conform to and be governed by such ordinances, 76
rules and regulations as may be prescribed by the city for the control of the water supply. The 77
applicant(s) agrees to be responsible for and pay all bills due the city on account of materials or 78
labor furnished. 79
SECTION 2. Effective Date. This Ordinance take effect immediately after it has been 80
published in accordance with Utah Code §10-3-711 and recorded in accordance with Utah Code 81
§10-3-713. 82
Passed by the City Council of Salt Lake City, Utah this ___ day of _____________, 83
2022. 84
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______________________________ 86
CHAIRPERSON 87
ATTEST: 88
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______________________________ 91
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CITY RECORDER 92
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Transmitted to Mayor on _______________________. 95
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Mayor’s Action: _______Approved. _______Vetoed. 98
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______________________________ 100
MAYOR 101
______________________________ 102
CITY RECORDER 103
(SEAL) 104
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Bill No. ______ of 2022. 106
Published: ______________ 107
Ordinance Limiting Water Availability 108
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APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: October 11, 2022
By: ___________________________________
Mark E. Kittrell, Deputy City Attorney