17B-1-202 - Local district may be created -- Services that may be provided -- Limitations.
17B-1-202. Local district may be created -- Services that may be provided --Limitations.
(1) (a) A local district may be created as provided in this part to provide within itsboundaries service consisting of:
(i) the operation of an airport;
(ii) the operation of a cemetery;
(iii) fire protection, paramedic, and emergency services;
(iv) garbage collection and disposal;
(v) health care, including health department or hospital service;
(vi) the operation of a library;
(vii) abatement or control of mosquitos and other insects;
(viii) the operation of parks or recreation facilities or services;
(ix) the operation of a sewage system;
(x) street lighting;
(xi) the construction and maintenance of a right-of-way, including:
(A) a curb;
(B) a gutter;
(C) a sidewalk;
(D) a street;
(E) a road;
(F) a water line;
(G) a sewage line;
(H) a storm drain;
(I) an electricity line;
(J) a communications line; or
(K) a natural gas line;
(xii) transportation, including public transit and providing streets and roads;
(xiii) the operation of a system, or one or more components of a system, for thecollection, storage, retention, control, conservation, treatment, supplying, distribution, orreclamation of water, including storm, flood, sewage, irrigation, and culinary water, whether thesystem is operated on a wholesale or retail level or both;
(xiv) in accordance with Subsection (1)(c), the development and execution of agroundwater management plan in cooperation with and approved by the state engineer inaccordance with Section 73-5-15;
(xv) law enforcement service; or
(xvi) subject to Subsection (1)(b), the underground installation of an electric utility lineor the conversion to underground of an existing electric utility line.
(b) Each local district that provides the service of the underground installation of anelectric utility line or the conversion to underground of an existing electric utility line shall, ininstalling or converting the line, provide advance notice to and coordinate with the utility thatowns the line.
(c) A groundwater management plan described in Subsection (1)(a)(xiv) may include thebanking of groundwater rights by a local district in a critical management area as defined inSection 73-5-15 following the adoption of a groundwater management plan by the state engineerunder Section 73-5-15.
(i) A local district may manage the groundwater rights it acquires under Subsection17B-1-103(2)(a) or (b) consistent with the provisions of a groundwater management plandescribed in Subsection (1)(c).
(ii) A groundwater right held by a local district to satisfy the provisions of a groundwatermanagement plan is not subject to the forfeiture provisions of Section 73-1-4.
(iii) (A) A local district may divest itself of a groundwater right subject to adetermination that the groundwater right is not required to facilitate the groundwatermanagement plan described in Subsection (1)(c).
(B) The groundwater right described in Subsection (1)(c)(iii)(A) is subject to Section73-1-4 beginning on the date of divestiture.
(iv) Upon a determination by the state engineer that an area is no longer a criticalmanagement area, a water right held by the local district is subject to Section 73-1-4.
(2) For purposes of this section:
(a) "Operation" means all activities involved in providing the indicated service includingacquisition and ownership of property reasonably necessary to provide the indicated service andacquisition, construction, and maintenance of facilities and equipment reasonably necessary toprovide the indicated service.
(b) "System" means the aggregate of interrelated components that combine together toprovide the indicated service including, for a sewage system, collection and treatment.
(3) (a) A local district may not be created to provide and may not after its creationprovide more than four of the services listed in Subsection (1).
(b) Subsection (3)(a) may not be construed to prohibit a local district from providingmore than four services if, before April 30, 2007, the local district was authorized to providethose services.
(4) (a) Except as provided in Subsection (4)(b), a local district may not be created toprovide and may not after its creation provide to an area the same service already being providedto that area by another political subdivision, unless the other political subdivision gives itswritten consent.
(b) For purposes of Subsection (4)(a), a local district does not provide the same serviceas another political subdivision if it operates a component of a system that is different from acomponent operated by another political subdivision but within the same:
(i) sewage system; or
(ii) water system.
(5) (a) Except for a local district in the creation of which an election is not required underSubsection 17B-1-214(3)(c), the area of a local district may include all or part of theunincorporated area of one or more counties and all or part of one or more municipalities.
(b) The area of a local district need not be contiguous.
(6) For a local district created before May 5, 2008, the authority to provide fire protectionservice also includes the authority to provide:
(a) paramedic service; and
(b) emergency service, including hazardous materials response service.
(7) A local district created before May 11, 2010, authorized to provide the constructionand maintenance of curb, gutter, or sidewalk may provide a service described in Subsection(1)(a)(xi) on or after May 11, 2010.
Amended by Chapter 150, 2010 General Session
Amended by Chapter 159, 2010 General Session