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:

Terms Used In Utah Code 17B-2a-503

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  issue bonds as provided in and subject to 11, 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