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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-20-912, 2026

Municipal water exactions must follow specified calculation methods, public disclosure, and limited review rights, and they may be barred in some cases.

Source excerpt

calculation basis disclosureculinary water interestsdevelopment approvalsdevelopment exactionsexactionsland useland use applicationlocal governmentmunicipal exactionsmunicipal financemunicipal governancemunicipal proceduremunicipal reviewutility demandwater exactionswater interestswater planningwater rightswater supplywater supply planningwater utility
Jurisdiction
United States — Utah
Status
In force
Official identity
Year 2026
Dates
Enacted 2026
More statute details
Dates
Enacted 2026
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01

Purpose and legislative effect

“Municipal water exactions must follow specified calculation methods, public disclosure, and limited review rights, and they may be barred in some cases.”

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02

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    Enacted 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Exactions for water rights.

Municipal water exactions must follow specified calculation methods, public disclosure, and limited review rights, and they may be barred in some cases.

Section 10-20-912

Subsection 10-20-912(2)(b)

the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent

Section 10-20-912(2)(b)

Subsection 10-20-912(4)(b)

A land use applicant may ask the municipality’s legislative body to review an exaction calculation used under Subsection (2).

Section 10-20-912(4)(b)

Subsection 10-20-912(6)(a)

A municipality may not impose an exaction for a water interest if certain water-supply and planning conditions are met.

Section 10-20-912(6)(a)

Subsection 10-20-912(7)

A culinary or secondary water provider that commits to provide a water service required in a land use application process is treated the same as a municipality under this section and Section 10-20-911.

Section 10-20-912(7)

04

Source and current-law status

In force source record

Source record from le.utah.gov · Enacted 2026

In force

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Showing 17 of 17 provisions

Provision 17

Part 10-20-9

part 10-20-9 Administration of Land Use, Development, and Management Provisions

§ 10-20-912Exactions for water rights.Provision

Source excerpt

Municipal water exactions must follow specified calculation methods, public disclosure, and limited review rights, and they may be barred in some cases.

Exactions for water rights. Subject to the requirements of this section, a municipality shall base an exaction for a water interest on the culinary water authority's established calculations of projected water interest requirements. Except as provided in Subsection (3) , a culinary water authority shall base an exaction for a culinary water interest on: consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water under Section 19-4-114 ; and the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent residential connections as demonstrated by at least five years of usage data for like land uses within the municipality. If a municipality determines, in the sole discretion of the municipality, that good cause exists, the municipality may impose an exaction for a culinary water interest that results in less water being exacted than would otherwise be exacted under Subsection (2) . A municipality shall make public the methodology used to comply with Subsection (2)(b) . A land use applicant may submit a request to the municipality's legislative body to review an exaction calculation used by the municipality under Subsection (2) . A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality's legislative body shall respond with due process. Upon an applicant's request, the culinary water authority shall provide the applicant with the basis for the culinary water authority's calculations under Subsection (2) on which an exaction for a water interest is based. A municipality may not impose an exaction for a water interest if: the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public; or the municipality or the municipality's culinary water authority does not have a written plan in accordance with Subsection (6)(b) . Beginning on January 1, 2028, a municipality shall determine the municipality's water interests needed to meet the reasonable future water requirement of the public by completing a written plan described in Subsection 73-1-4(2)(f) . A provider of culinary or secondary water that commits to provide a water service required by a land use application process is subject to the provisions of this section and Section 10-20-911 the same as if the provider were a municipality.
Section 10-20-912Verify source
§ 10-20-912(1)Subsection 10-20-912(1)Provision

Source excerpt

A municipality must base a water-interest exaction on the culinary water authority’s established calculations of projected water-interest requirements, subject to this section.

Subject to the requirements of this section, a municipality shall base an exaction for a water interest on the culinary water authority's established calculations of projected water interest requirements.
Section 10-20-912(1)Verify source
§ 10-20-912(2)Subsection 10-20-912(2)Provision

Source excerpt

A culinary water authority must base an exaction for a culinary water interest on specified sizing standards and equivalent residential connections, subject to Subsection (3).

Except as provided in Subsection (3) , a culinary water authority shall base an exaction for a culinary water interest on: consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water under Section 19-4-114 ; and the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent residential connections as demonstrated by at least five years of usage data for like land uses within the municipality.
Section 10-20-912(2)Verify source
§ 10-20-912(2)(a)Subsection 10-20-912(2)(a)Provision

Source excerpt

consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water under Section 19-4-114 ; and

consideration of the system-wide minimum sizing standards established for the culinary water authority by the Division of Drinking Water under Section 19-4-114 ; and
Section 10-20-912(2)(a)Verify source
§ 10-20-912(2)(b)Subsection 10-20-912(2)(b)Provision

Source excerpt

the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent

the number of equivalent residential connections associated with the culinary water demand for each specific development proposed in the development's land use application, applying lower exactions for developments with lower equivalent residential connections as demonstrated by at least five years of usage data for like land uses within the municipality.
Section 10-20-912(2)(b)Verify source
§ 10-20-912(3)Subsection 10-20-912(3)Provision

Source excerpt

A municipality may impose a reduced culinary water exaction if it decides, in its sole discretion, that good cause exists.

If a municipality determines, in the sole discretion of the municipality, that good cause exists, the municipality may impose an exaction for a culinary water interest that results in less water being exacted than would otherwise be exacted under Subsection (2) .
Section 10-20-912(3)Verify source
§ 10-20-912(4)Subsection 10-20-912(4)Provision

Source excerpt

A municipality must make public the methodology it uses for Subsection (2)(b), and a land use applicant may ask the municipality’s legislative body to review an exaction calculation.

A municipality shall make public the methodology used to comply with Subsection (2)(b) . A land use applicant may submit a request to the municipality's legislative body to review an exaction calculation used by the municipality under Subsection (2) . A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality's legislative body shall respond with due process.
Section 10-20-912(4)Verify source
§ 10-20-912(4)(a)Subsection 10-20-912(4)(a)Provision

Source excerpt

A municipality must make public the methodology used to comply with Subsection (2)(b).

A municipality shall make public the methodology used to comply with Subsection (2)(b) .
Section 10-20-912(4)(a)Verify source
§ 10-20-912(4)(b)Subsection 10-20-912(4)(b)Provision

Source excerpt

A land use applicant may ask the municipality’s legislative body to review an exaction calculation used under Subsection (2).

A land use applicant may submit a request to the municipality's legislative body to review an exaction calculation used by the municipality under Subsection (2) .
Section 10-20-912(4)(b)Verify source
§ 10-20-912(4)(c)Subsection 10-20-912(4)(c)Provision

Source excerpt

A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality's legislative body shall respond with due process.

A land use applicant may present data and other information that illustrates a need for an exaction recalculation and the municipality's legislative body shall respond with due process.
Section 10-20-912(4)(c)Verify source
§ 10-20-912(5)Subsection 10-20-912(5)Provision

Source excerpt

Upon an applicant's request, the culinary water authority shall provide the applicant with the basis for the culinary water authority's calculations under Subsection (2) on which an exaction for a water interest is based.

Upon an applicant's request, the culinary water authority shall provide the applicant with the basis for the culinary water authority's calculations under Subsection (2) on which an exaction for a water interest is based.
Section 10-20-912(5)Verify source
§ 10-20-912(6)Subsection 10-20-912(6)Provision

Source excerpt

A municipality may not impose an exaction for a water interest if the listed conditions are met; beginning January 1, 2028, the municipality must determine needed water interests by completing a written plan.

A municipality may not impose an exaction for a water interest if: the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public; or the municipality or the municipality's culinary water authority does not have a written plan in accordance with Subsection (6)(b) . Beginning on January 1, 2028, a municipality shall determine the municipality's water interests needed to meet the reasonable future water requirement of the public by completing a written plan described in Subsection 73-1-4(2)(f) .
Section 10-20-912(6)Verify source
§ 10-20-912(6)(a)Subsection 10-20-912(6)(a)Provision

Source excerpt

A municipality may not impose an exaction for a water interest if certain water-supply and planning conditions are met.

A municipality may not impose an exaction for a water interest if: the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public; or the municipality or the municipality's culinary water authority does not have a written plan in accordance with Subsection (6)(b) .
Section 10-20-912(6)(a)Verify source
§ 10-20-912(6)(a)(i)Subsection 10-20-912(6)(a)(i)Provision

Source excerpt

the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public; or

the culinary water authority's existing available water interests exceed the water interests needed to meet the reasonable future water requirement of the public; or
Section 10-20-912(6)(a)(i)Verify source
§ 10-20-912(6)(a)(ii)Subsection 10-20-912(6)(a)(ii)Provision

Source excerpt

the municipality or the municipality's culinary water authority does not have a written plan in accordance with Subsection (6)(b) .

the municipality or the municipality's culinary water authority does not have a written plan in accordance with Subsection (6)(b) .
Section 10-20-912(6)(a)(ii)Verify source
§ 10-20-912(6)(b)Subsection 10-20-912(6)(b)Provision

Source excerpt

Beginning January 1, 2028, a municipality must determine its water interests needed to meet the public’s reasonable future water requirement by completing a written plan.

Beginning on January 1, 2028, a municipality shall determine the municipality's water interests needed to meet the reasonable future water requirement of the public by completing a written plan described in Subsection 73-1-4(2)(f) .
Section 10-20-912(6)(b)Verify source
§ 10-20-912(7)Subsection 10-20-912(7)Provision

Source excerpt

A culinary or secondary water provider that commits to provide a water service required in a land use application process is treated the same as a municipality under this section and Section 10-20-911.

A provider of culinary or secondary water that commits to provide a water service required by a land use application process is subject to the provisions of this section and Section 10-20-911 the same as if the provider were a municipality.
Section 10-20-912(7)Verify source

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