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