reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1301 - Definitions.

Effective 2/27/2023
17B-1-1301.
Definitions.
For purposes of this part:
(1) "Active" means, with respect to a special district, that the district is not inactive.
(2) "Administrative body" means:
(a) if the special district proposed to be dissolved has a duly constituted board of trustees in sufficient numbers to form a quorum, the board of trustees; or
(b) except as provided in Subsection (2)(a):
(i) for a special district located entirely within a single municipality, the legislative body of that municipality;
(ii) for a special district located in multiple municipalities within the same county or at least partly within the unincorporated area of a county, the legislative body of that county; or
(iii) for a special district located within multiple counties, the legislative body of the county whose boundaries include more of the special district than is included within the boundaries of any other county.
(3) "Clerk" means:
(a) the board of trustees if the board is also the administrative body under Subsection (2)(a);
(b) the clerk or recorder of the municipality whose legislative body is the administrative body under Subsection (2)(b)(i); or
(c) the clerk of the county whose legislative body is the administrative body under Subsection (2)(b)(ii) or (iii).
(4) "Inactive" means, with respect to a special district, that during the preceding three years the district has not:
(a) provided any service or otherwise operated;
(b) received property taxes or user or other fees; and
(c) expended any funds.
(5) "Registered voter petition" means petition under Subsection 17B-1-1303(1)(a)(ii)(B) or 17B-1-1303(2)(c)(ii).
Amended by Chapter 15, 2023 General Session
Amended by Chapter 116, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1302 - Special district dissolution.

Effective 2/27/2023
17B-1-1302.
Special district dissolution.
A special district may be dissolved as provided in this part.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1303 - Initiation of dissolution process.

Effective 2/27/2023
17B-1-1303.
Initiation of dissolution process.
The process to dissolve a special district may be initiated by:
(1) for an inactive special district:
(a)
(i) for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector, a petition signed by the owners of 25% of the acre-feet of water allotted to the land within the special district; or
(ii) for all other districts:
(A) a petition signed by the owners of private real property that:
(I) is located within the special district proposed to be dissolved;
(II) covers at least 25% of the private land area within the special district; and
(III) is equal in assessed value to at least 25% of the assessed value of all private real property within the special district; or
(B) a petition signed by registered voters residing within the special district proposed to be dissolved equal in number to at least 25% of the number of votes cast in the district for the office of governor at the last regular general election before the filing of the petition; or
(b) a resolution adopted by the administrative body; and
(2) for an active special district, a petition signed by:
(a) for a special district whose board of trustees is elected by electors based on the acre-feet of water allotted to the land owned by the elector, the owners of 33% of the acre-feet of water allotted to the land within the special district;
(b) for a special district created to acquire or assess a groundwater right for the development and execution of a groundwater management plan in coordination with the state engineer in accordance with Section 73-5-15, the owners of groundwater rights that:
(i) are diverted within the district; and
(ii) cover at least 33% of the total amount of groundwater diverted in accordance with the groundwater rights within the district as a whole; or
(c) for all other districts:
(i) the owners of private real property that:
(A) is located within the special district proposed to be dissolved;
(B) covers at least 33% of the private land area within the special district; and
(C) is equal in assessed value to at least 25% of the assessed value of all private real property within the special district; or
(ii) 33% of registered voters residing within the special district proposed to be dissolved.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1304 - Petition requirements.

Effective 2/27/2023
17B-1-1304.
Petition requirements.
(1) Each petition under Subsection 17B-1-1303(1)(a) or (2) shall:
(a) indicate the typed or printed name and current residence address of each owner of acre-feet of water, property owner, or registered voter signing the petition;
(b) if it is a petition signed by the owners of acre-feet of water or property owners, indicate the address of the property as to which the owner is signing;
(c) designate up to three signers of the petition as sponsors, one of whom shall be designated the contact sponsor, with the mailing address and telephone number of each; and
(d) be filed with the clerk.
(2) A signer of a petition to dissolve a special district may withdraw, or, once withdrawn, reinstate the signer's signature at any time until 30 days after the public hearing under Section 17B-1-1306.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1305 - Petition certification -- Withdrawal of signature.

Effective 5/3/2023
17B-1-1305.
Petition certification -- Withdrawal of signature.
(1) Within 30 days after the filing of a petition under Subsection 17B-1-1303(1)(a) or (2), the clerk shall:
(a) with the assistance of officers of the county in which the special district is located from whom the clerk requests assistance, determine whether the petition meets the requirements of Section 17B-1-1303 and Subsection 17B-1-1304(1); and
(b)
(i) if the clerk determines that the petition complies with the requirements, certify the petition and mail or deliver written notification of the certification to the contact sponsor; or
(ii) if the clerk determines that the petition fails to comply with any of the requirements, reject the petition and mail or deliver written notification of the rejection and the reasons for the rejection to the contact sponsor.
(2) For a registered voter petition, the county clerk shall determine or shall assist a board of trustees or municipal clerk or recorder with determining whether a signer is a registered voter using the procedures described in Section 20A-1-1002.
(3)
(a) If the clerk rejects a petition under Subsection (1)(b)(ii), the petition may be amended to correct the deficiencies for which it was rejected and then refiled.
(b) A valid signature on a petition that was rejected under Subsection (1)(b)(ii) may be used toward fulfilling the applicable signature requirement of the petition as amended under Subsection (3)(a).
(4) The clerk shall process an amended petition filed under Subsection (3)(a) in the same manner as an original petition under Subsection (1).
(5)
(a) A signer of a petition may withdraw or, once withdrawn, reinstate the signer's signature at any time before the public hearing under Section 17B-1-1306 by submitting a written statement requesting withdrawal or reinstatement with the clerk.
(b) For a registered voter petition:
(i) a statement described in Subsection (5)(a) shall comply with the requirements described in Subsection 20A-1-1003(2); and
(ii) the county clerk shall determine or shall assist a board of trustees or municipal clerk or recorder with determining whether to remove or reinstate the signer's signature using the procedures described in Subsection 20A-1-1003(3).
Amended by Chapter 15, 2023 General Session
Amended by Chapter 116, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1306 - Public hearing.

Effective 2/27/2023
17B-1-1306.
Public hearing.
(1) For each petition certified under Section 17B-1-1305 and each resolution that an administrative body adopts under Subsection 17B-1-1303(1)(b), the administrative body shall hold a public hearing on the proposed dissolution.
(2) The administrative body shall hold a public hearing under Subsection (1):
(a) no later than 45 days after certification of the petition under Section 17B-1-1305 or adoption of a resolution under Subsection 17B-1-1303(1)(b), as the case may be;
(b) within the special district proposed to be dissolved;
(c) on a weekday evening other than a holiday beginning no earlier than 6 p.m.; and
(d) for the purpose of allowing:
(i) the administrative body to explain the process the administrative body will follow to study and prepare the proposed dissolution;
(ii) the public to ask questions and obtain further information about the proposed dissolution and issues raised by it; and
(iii) any interested person to address the administrative body concerning the proposed dissolution.
(3) A quorum of the administrative body shall be present throughout each public hearing under this section.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1307 - Notice of public hearing and of dissolution.

Effective 5/3/2023
17B-1-1307.
Notice of public hearing and of dissolution.
(1) Before holding a public hearing required under Section 17B-1-1306, the administrative body shall publish notice of the public hearing and of the proposed dissolution for the special district proposed to be dissolved, as a class B notice under Section 63G-30-102, for 30 days before the day of the public hearing.
(2) Each notice required under Subsection (1) shall:
(a) identify the special district proposed to be dissolved and the service it was created to provide; and
(b) state the date, time, and location of the public hearing.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 13 - Dissolution of a Special District › Section 1308 - Second public hearing -- Dissolution resolution -- Limitations on dissolution.

Effective 2/27/2023
17B-1-1308.
Second public hearing -- Dissolution resolution -- Limitations on dissolution.
(1)
(a) Within 180 days after the day on which the administrative body holds the public hearing described in Section 17B-1-1306, the administrative body shall hold a second public hearing to:
(i) publicly explain the result of the study and preparation described in Subsection 17B-1-1306(2)(d)(i);
(ii) describe whether the proposed dissolution meets each criterion described in Subsection (2); and
(iii) adopt a resolution in accordance with Subsection (1)(b) or (c).
(b) Subject to Subsection (2), after a proposed dissolution petition has been certified under Section 17B-1-1305, the administrative body shall adopt a resolution:
(i) certifying that the proposed dissolution satisfies the criteria described in Subsection (2); and
(ii)
(A) for an inactive special district, approving the dissolution of the special district; or
(B) for an active special district, initiating the dissolution election described in Section 17B-1-1309.
(c) Subject to Subsection (2), for a proposed dissolution of an inactive district that an administrative body initiates by adopting a resolution under Subsection 17B-1-1303(1)(b), the administrative body may adopt a resolution:
(i) certifying that the proposed dissolution satisfies the criteria described in Subsection (2); and
(ii) approving the dissolution of the inactive special district.
(2) The administrative body may not adopt a resolution under Subsection (1) unless:
(a) any outstanding debt of the special district is:
(i) satisfied and discharged in connection with the dissolution; or
(ii) assumed by another governmental entity with the consent of all the holders of that debt and all the holders of other debts of the special district;
(b) for a special district that has provided service during the preceding three years or undertaken planning or other activity preparatory to providing service:
(i) another entity has committed to:
(A) provide the same service to the area being served or proposed to be served by the special district; and
(B) purchase, at fair market value, the assets of the special district that are required to provide the service; and
(ii) all who are to receive the service have consented to the service being provided by the other entity; and
(c) all outstanding contracts to which the special district is a party are resolved through mutual termination or the assignment of the special district's rights, duties, privileges, and responsibilities to another entity with the consent of the other parties to the contract.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 14 - Basic Special District › Section 1401 - Status of and provisions applicable to a basic special district.

Effective 2/27/2023
17B-1-1401.
Status of and provisions applicable to a basic special district.
A basic special district:
(1) operates under, is subject to, and has the powers set forth in this chapter; and
(2) is not subject to Chapter 2a, Provisions Applicable to Different Types of Special Districts.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 14 - Basic Special District › Section 1402 - Board of trustees of a basic special district.

Effective 2/27/2023
17B-1-1402.
Board of trustees of a basic special district.
(1) As specified in a petition under Subsection 17B-1-203(1)(a) or (b) or a resolution under Subsection 17B-1-203(1)(d) or (e), and except as provided in Subsection (2), the members of a board of trustees of a basic special district may be:
(a)
(i) elected by registered voters; or
(ii) appointed by the responsible body, as defined in Section 17B-1-201; or
(b) if the area of the special district contains less than one residential dwelling unit per 50 acres of land at the time the resolution is adopted or the petition is filed, elected by the owners of real property within the special district based on:
(i) the amount of acreage owned by property owners;
(ii) the assessed value of property owned by property owners; or
(iii) water rights:
(A) relating to the real property within the special district;
(B) that the real property owner:
(I) owns; or
(II) has transferred to the special district.
(2) As specified in a groundwater right owner petition under Subsection 17B-1-203(1)(c) or a resolution under Subsection 17B-1-203(1)(d) or (e), the members of a board of trustees of a basic special district created to manage groundwater rights the district acquires or assesses under Section 17B-1-202 shall be:
(a) subject to Section 17B-1-104.5, elected by the owners of groundwater rights that are diverted within the special district;
(b) appointed by the responsible body, as defined in Section 17B-1-201; or
(c) elected or appointed as provided in Subsection (3).
(3) A petition under Subsection 17B-1-203(1)(a) or (b) and a resolution under Subsection 17B-1-203(1)(d) or (e) may provide for a transition from one or more methods of election or appointment under Subsection (1) or (2) to one or more other methods of election or appointment based upon milestones or events that the petition or resolution identifies.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 14 - Basic Special District › Section 1403 - Prohibition against creating new basic special districts.

Effective 2/27/2023
17B-1-1403.
Prohibition against creating new basic special districts.
A person may not create a basic special district on or after May 12, 2020.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 1 - Cemetery Maintenance District Act › Section 102 - Provisions applicable to cemetery maintenance districts.

Effective 2/27/2023
17B-2a-102.
Provisions applicable to cemetery maintenance districts.
(1) Each cemetery maintenance district is governed by and has the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to cemetery maintenance districts.
(3) A cemetery maintenance district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
(5) A cemetery maintenance district shall comply with the applicable provisions of Title 8, Cemeteries.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 1 - Cemetery Maintenance District Act › Section 103 - Limits on the creation of a cemetery maintenance district.

17B-2a-103.
Limits on the creation of a cemetery maintenance district.
A cemetery maintenance district may not be created in a city of the first or second class.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 1 - Cemetery Maintenance District Act › Section 104 - Cemetery maintenance district bonding authority.

Effective 2/27/2023
17B-2a-104.
Cemetery maintenance district bonding authority.
A cemetery maintenance district may issue bonds as provided in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 1 - Cemetery Maintenance District Act › Section 105 - Additional duties of a cemetery maintenance district board of trustees.

17B-2a-105.
Additional duties of a cemetery maintenance district board of trustees.
In addition to the powers and duties of a board of trustees under Chapter 1, Part 3, Board of Trustees, each cemetery maintenance district board of trustees shall beautify, improve, and maintain each cemetery within the district.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 1 - Cemetery Maintenance District Act › Section 106 - Appointment of board of trustees members -- Vacancies.

17B-2a-106.
Appointment of board of trustees members -- Vacancies.
(1) If the area of a cemetery maintenance district is included entirely within the boundaries of a single municipality, each member of its board of trustees shall be appointed and each vacancy on the board of trustees shall be filled by a person appointed by the legislative body of that municipality, as provided in Section 17B-1-304.
(2) For each other cemetery maintenance district, each member of its board of trustees shall be appointed and each vacancy on the board of trustees shall be filled by a person appointed by the legislative body of the county in which the district is located, as provided in Section 17B-1-304.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 1 - Cemetery Maintenance District Act › Section 107 - Property within a cemetery maintenance district to be proportionately benefitted and equally assessed.

17B-2a-107.
Property within a cemetery maintenance district to be proportionately benefitted and equally assessed.
Each parcel of property within a cemetery maintenance district shall be:
(1) benefitted by the creation of the district and by improvements made by the district, ratably with all other parcels of property within the district in proportion to the parcel's taxable value; and
(2) assessed equally in proportion to its taxable value for the purpose of cemetery improvement and maintenance.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 202 - Definitions.

17B-2a-202.
Definitions.
As used in this part:
(1) "Ditch" includes a drain or natural or constructed watercourse, whether open, covered, or tiled, and whether inside or outside the drainage district.
(2) "Drainage" includes the reclamation, protection, or betterment of land by leading, carrying, withholding, or pumping excess water from land through canals, ditches, pipes, or other means.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 203 - Provisions applicable to drainage districts.

Effective 2/27/2023
17B-2a-203.
Provisions applicable to drainage districts.
(1) Each drainage district is governed by and has the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to drainage districts.
(3) A drainage district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 204 - Prohibition against creating a drainage district.

17B-2a-204.
Prohibition against creating a drainage district.
No new drainage district may be created.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 205 - Additional drainage district powers.

Effective 2/27/2023
17B-2a-205.
Additional drainage district powers.
In addition to the powers conferred on a drainage district under Section 17B-1-103, a drainage district may:
(1) enter upon land for the purpose of examining the land or making a survey;
(2) locate a necessary drainage canal with any necessary branches on land that the district's board of trustees considers best;
(3) issue bonds as provided in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the district;
(4) after the payment or tender of compensation allowed, go upon land to construct proposed works, and thereafter enter upon that land to maintain or repair the works;
(5) appropriate water for useful and beneficial purposes;
(6) regulate and control, for the benefit of landholders within the district, all water developed, appropriated, or owned by the district;
(7) appropriate, use, purchase, develop, sell, and convey water and water rights in the same manner and for the same use and purposes as a private person;
(8) widen, straighten, deepen, enlarge, or remove any obstruction or rubbish from any watercourse, whether inside or outside the district; and
(9) if necessary, straighten a watercourse by cutting a new channel upon land not already containing the watercourse, subject to the landowner receiving compensation for the land occupied by the new channel and for any damages, as provided under the law of eminent domain.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 206 - Drainage district board of trustees.

17B-2a-206.
Drainage district board of trustees.
(1) Subject to Subsection (2), each member of the board of trustees of a drainage district shall be appointed by the legislative body of the county in which the district is located.
(2) If a drainage district is located in more than one county, a county legislative body may not appoint more than two members.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 207 - Public highways, roads, or streets or railroad rights-of-way benefitted by district works.

17B-2a-207.
Public highways, roads, or streets or railroad rights-of-way benefitted by district works.
If a drainage district board of trustees determines that a public highway, road, street, or railroad right-of-way is or will be benefitted by district drainage canals or other works that have been or will be constructed:
(1) the district shall assess benefits and taxes against the public highway, road, street, or railroad right-of-way in the same manner as if the highway, road, street, or railroad right-of-way were in private ownership;
(2) the district may treat the highway, road, street, or railroad right-of-way the same as it would treat private land; and
(3) the state or local entity having control of the public highway, road, or street or the owner of the railroad right-of-way shall pay the applicable taxes assessed against the land, whether or not it owns the fee simple title to the land covered by the highway, road, street, or railroad right-of-way.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 208 - Bridge or culvert across a public highway, road, or street, or a railroad right-of-way -- Notice to railway authority -- Option of railway authority to construct bridge or culvert.

17B-2a-208.
Bridge or culvert across a public highway, road, or street, or a railroad right-of-way -- Notice to railway authority -- Option of railway authority to construct bridge or culvert.
(1)
(a) A drainage district may construct each necessary bridge and culvert across or under a public highway, road, street, or railroad right-of-way to enable the district to construct and maintain a canal, drain, or ditch necessary as part of the drainage system of the district.
(b) Before a drainage district constructs a bridge or culvert across or under a railroad right-of-way, the district shall first give notice to the railway authority empowered to build or construct bridges and culverts.
(2)
(a) A railway authority may, within 30 days after the notice under Subsection (1)(b) and at its own expense, build the bridge or culvert according to its own plans.
(b) Each railway authority that builds a bridge or culvert as provided in Subsection (2)(a) shall construct the bridge or culvert:
(i) so as not to interfere with the free and unobstructed flow of water passing through the canal or drain; and
(ii) at points that are indicated by a competent drainage engineer.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 209 - State land treated the same as private land -- Consent needed to affect school and institutional trust land -- Owner of state land has same rights as owner of private land.

Effective 2/27/2023
17B-2a-209.
State land treated the same as private land -- Consent needed to affect school and institutional trust land -- Owner of state land has same rights as owner of private land.
(1) Subject to Subsection (2), a drainage district may treat state land the same as private land with respect to the drainage of land for agricultural purposes.
(2) A drainage district may not affect school or institutional trust land under this part or Chapter 1, Provisions Applicable to All Special Districts, without the consent of the director of the School and Institutional Trust Lands Administration acting in accordance with Sections 53C-1-102 and 53C-1-303.
(3) The state and each person holding unpatented state land under entries or contracts of purchase from the state have all the rights, privileges, and benefits under this part and Chapter 1, Provisions Applicable to All Special Districts, that a private owner of that land would have.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 210 - District required to minimize damage when entering on land -- Penalty for preventing or prohibiting a district from entering on land.

17B-2a-210.
District required to minimize damage when entering on land -- Penalty for preventing or prohibiting a district from entering on land.
(1) When entering upon land for the purpose of constructing, maintaining, or repairing works, a drainage district may not do more damage than the necessity of the occasion requires.
(2)
(a) A person who willfully prevents or prohibits an agent of a drainage district from entering upon land when the district is authorized to enter the land is guilty of a class C misdemeanor.
(b)
(i) Each person found guilty under Subsection (2)(a) shall be fined a sum not to exceed $25 per day for each day the person prevented or prohibited the district from entering upon land.
(ii) Each fine under Subsection (2)(b)(i) shall be paid to the district.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 2 - Drainage District Act › Section 211 - Penalty for wrongfully damaging a district work.

17B-2a-211.
Penalty for wrongfully damaging a district work.
(1) A person who wrongfully and purposely fills, cuts, injures, destroys, or impairs the usefulness of a drain, ditch, or other work of a drainage district is guilty of a class C misdemeanor.
(2) Each person who negligently, wrongfully, or purposely fills, cuts, injures, destroys, or impairs the usefulness of a drain, ditch, levee, or other work of a drainage district or obstructs or fills any natural stream or outlet used by a drainage district, whether inside or outside the district, shall be liable to the district for all resulting damages.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 3 - Fire Protection District Act › Section 302 - Prohibition against creating new fire protection districts.

17B-2a-302.
Prohibition against creating new fire protection districts.
No new fire protection district may be created.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 3 - Fire Protection District Act › Section 303 - Provisions applicable to fire protection districts.

Effective 2/27/2023
17B-2a-303.
Provisions applicable to fire protection districts.
(1) Each fire protection district is governed by and has the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to fire protection districts.
(3) A fire protection district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 3 - Fire Protection District Act › Section 304 - Additional fire protection district power.

Effective 2/27/2023
17B-2a-304.
Additional fire protection district power.
In addition to the powers conferred on a fire protection district under Section 17B-1-103, a fire protection district may issue bonds as provided in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 3 - Fire Protection District Act › Section 305 - Fire protection districts board of trustees -- Board of a countywide district -- Validation of previous boards.

17B-2a-305.
Fire protection districts board of trustees -- Board of a countywide district -- Validation of previous boards.
(1) Except as provided in Subsection (2), the board of trustees of a fire protection district may be appointed or elected, as provided in the documents establishing the district.
(2) If the area of a fire protection district consists of all the area of a single county excluding the area of all first and second class cities in the county, the legislative body of that county shall constitute the board of trustees of the fire protection district.
(3) The composition and method of appointing or electing board of trustees members of each fire protection district existing on April 30, 2007 are validated, ratified, and confirmed.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 3 - Fire Protection District Act › Section 306 - Offices of a fire protection district board of trustees and principal place of business.

17B-2a-306.
Offices of a fire protection district board of trustees and principal place of business.
Each office of a fire protection district board of trustees and each principal place of business of a fire protection district shall be within:
(1) the district; or
(2) the county in which the district is located and as near as possible to the district.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 4 - Improvement District Act › Section 402 - Provisions applicable to improvement districts.

Effective 2/27/2023
17B-2a-402.
Provisions applicable to improvement districts.
(1) Each improvement district is governed by and has the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to improvement districts.
(3) An improvement district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 502 - Provisions applicable to irrigation districts.

Effective 2/27/2023
17B-2a-502.
Provisions applicable to irrigation districts.
(1) Each irrigation district is governed by and has the powers stated in:
(a) this part; and
(b)Chapter 1, Provisions Applicable to All Special Districts.
(2) This part applies only to irrigation districts.
(3) An irrigation district is not subject to the provisions of any other part of this chapter.
(4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All Special Districts, and a provision in this part, the provision in this part governs.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 503 - Additional irrigation district powers -- No authority to levy property tax.

Effective 2/27/2023
17B-2a-503.
Additional irrigation district powers -- No authority to levy property tax.
(1) In addition to the powers conferred on an irrigation district under Section 17B-1-103, an irrigation district may:
(a) issue bonds as provided in and subject to Chapter 1, Part 11, Special District Bonds, to carry out the purposes of the district;
(b) purchase stock of an irrigation, canal, or reservoir company;
(c) enter upon any land in the district to make a survey and to locate and construct a canal and any necessary lateral;
(d) convey water rights or other district property to the United States as partial or full consideration under a contract with the United States;
(e) pursuant to a contract with the United States, lease or rent water to private land, an entryman, or a municipality in the neighborhood of the district;
(f) if authorized under a contract with the United States, collect money on behalf of the United States in connection with a federal reclamation project and assume the incident duties and liabilities;
(g) acquire water from inside or outside the state;
(h) subject to Subsection (2), lease, rent, or sell water not needed by the owners of land within the district:
(i) to a municipality, corporation, association, or individual inside or outside the district;
(ii) for irrigation or any other beneficial use; and
(iii) at a price and on terms that the board considers appropriate; and
(i) repair a break in a reservoir or canal or remedy any other district disaster.
(2)
(a) The term of a lease or rental agreement under Subsection (1)(h) may not exceed five years.
(b) A vested or prescriptive right to the use of water may not attach to the land because of a lease or rental of water under Subsection (1)(h).
(3) Notwithstanding Subsection 17B-1-103(2)(g), an irrigation district may not levy a property tax.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 504 - Irrigation district board of trustees -- Bond for board of trustees members and district if the district is appointed as fiscal or other agent for the United States.

17B-2a-504.
Irrigation district board of trustees -- Bond for board of trustees members and district if the district is appointed as fiscal or other agent for the United States.
(1)
(a) One board of trustees member shall be elected from each division established as provided in Section 17B-2a-505.
(b) Each landowner within an irrigation district may vote for one board of trustees member for the division in which the landowner's land is located.
(c) Each landowner is entitled to cast one vote for each acre-foot or fraction of an acre-foot of water allotted to the land owned by the landowner.
(2)
(a) If an irrigation district is appointed fiscal agent of the United States or is authorized by the United States to collect money on behalf of the United States with respect to a federal project:
(i) each member of the district's board of trustees shall:
(A) execute an official bond in the amount required by the Secretary of the Interior, conditioned upon the faithful discharge of the trustee's duties; and
(B) file the official bond in the office of the clerk of the county in which the district is located; and
(ii) the irrigation district shall execute an additional bond for the district's faithful discharge of its duties as fiscal or other agent of the United States.
(b) The United States or any person injured by the failure of a member of the board of trustees or of the district to perform fully, promptly, and completely a duty may sue upon the official bond.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 505 - Divisions.

17B-2a-505.
Divisions.
(1) The board of trustees of each irrigation district shall divide the district into divisions, each as nearly equal in size to the others as practicable.
(2) The number of divisions shall be equal to the number of board of trustees members.
(3) At least 30 days before an election of board of trustees members, the board shall redivide the district into divisions if, since the last time the board divided the district into divisions:
(a) the district has annexed land under Chapter 1, Part 4, Annexation;
(b) land has been withdrawn from the district under Chapter 1, Part 5, Withdrawal; or
(c) the number of board of trustees members has been changed.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 506 - Different use charges for different units -- Use charges based on the size of the land served -- Use charge may not be based on property value.

Effective 5/8/2018
17B-2a-506.
Different use charges for different units -- Use charges based on the size of the land served -- Use charge may not be based on property value.
(1) An irrigation district may:
(a) divide the district into units and apply different use charges to the different units; and
(b) base use charges upon the amount of water or electricity the district provides, the area of the land served, or any other reasonable basis, as determined by the board of trustees.
(2) If an irrigation district imposes a use charge based on the size of the land served or the amount of water allotted to the land:
(a) the assessor of the county in which the land is located shall assist the irrigation district in ascertaining the identity of a parcel served by the district;
(b) the district shall notify the treasurer of the county in which the land is located of the charge to be imposed for each parcel of land served by the district; and
(c) the treasurer of the county in which the land is located:
(i) shall:
(A) provide each landowner a notice of use charges as part of the annual tax notice required in Section 59-2-1317 as an additional charge separate from ad valorem taxes;
(B) collect, receive, and provide an accounting for all money belonging to the district from use charges;
(C) remit to the irrigation district, by the tenth day of each month, the funds previously collected by the county as use charges on the district's behalf; and
(D) collect any unpaid use charges in accordance with Title 59, Chapter 2, Part 13, Collection of Taxes; and
(ii) may receive and account for use charges separately from taxes upon real estate for county purposes.
(3)
(a) A use charge described in Subsection (2)(b) is a political subdivision lien, as that term is defined in Section 11-60-102, on the land served, as provided in Subsection 17B-1-902(1), except that the certification described in Subsection 17B-1-902(1)(a) is not required if the district makes the notification to the county treasurer required in Subsection (2)(b).
(b) A lien described in Subsection (3)(a) shall remain in force until the use charge is paid.
(c) The county treasurer shall release a lien described in Subsection (3)(a) upon receipt of full payment of the use charge.
(4) A use charge may not be calculated on the basis of property value and does not constitute an ad valorem property tax or other tax.
Amended by Chapter 197, 2018 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 507 - Right-of-way over state land.

17B-2a-507.
Right-of-way over state land.
Each irrigation district has a right-of-way on land that is or becomes the property of the state to locate, construct, and maintain district works.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 2a - Provisions Applicable to Different Types of Special Districts › Part 5 - Irrigation District Act › Section 508 - Inclusion of state land in an irrigation district.

17B-2a-508.
Inclusion of state land in an irrigation district.
(1) State land that is not under a contract of sale may be included in an irrigation district upon petition by the state entity responsible for the administration of the land.
(2) State land included in an irrigation district may not be:
(a) assessed by the district; or
(b) the subject of use charges imposed by the district.
(3) The entity responsible for the administration of the state land to be included in an irrigation district and the state engineer shall make a thorough examination of the benefits to accrue to the land by its inclusion in the district and by the acquisition of water rights for the land.
(4)
(a) The entity responsible for the administration of the state land to be included in an irrigation district may enter into a contract with the district, specifying the land benefitted and the amount of benefit, as determined under Subsection (3).
(b) Each contract under Subsection (4)(a) shall provide that the entity responsible for the administration of the state land shall make annual payments to the district, to be applied to the cost of constructing the district's irrigation works, until the full amount of the benefit is paid.
(c) The entity responsible for the administration of state land included in an irrigation district may, at its option, pay the full amount of the contract at any time.
Enacted by Chapter 329, 2007 General Session