United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-8-22

Municipal water rates must be set by a municipality, and within its designated water service area the municipality must use reasonable rates, give retail customers the same notice and participation opportunity, and may…

Source excerpt

advisory boardadvisory boardscustomer noticedrinking water systemsmunicipal compliancemunicipal contractingmunicipal governancemunicipal reportingmunicipal utilitiesmunicipal water ratesmunicipal water service area definitionpopulation thresholdpublic disclosurepublic meetingspublic utilitiesrate classificationretail customer noticeretail customersutility rate-settingutility rateswater contractswater rate determinationwater rateswater servicewater serviceswater supplywater utility compliancewebsite publication

Jurisdiction: United States — Utah
Status: In force
Dates: Legal dates not recorded

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“Municipal water rates must be set by a municipality, and within its designated water service area the municipality must use reasonable rates, give retail customers the same notice and participation opportunity, and may use different rates only when there is a reasonable basis.”

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Water rates.

Section 10-8-22

Subsection 10-8-22(4)

Within its designated water service area, a municipality must set reasonable rates by ordinance, use the same notice method for all retail customers about proposed rate changes, and give all retail customers the same opportunity to appear and participate in a…

Section 10-8-22(4)

Subsection 10-8-22(5)(b)(iii)

Retail customers in one classification are described as having invested or contributed to acquire a water source or supply, or to build or maintain a system, differently than retail customers in another classification.

Section 10-8-22(5)(b)(iii)

Subsection 10-8-22(6)(a)(i)

The municipality must post the retail water rates for the designated water service area on its website.

Section 10-8-22(6)(a)(i)

Subsection 10-8-22(8)(b)

Each year, the relevant party must provide the director of the Division of Drinking Water any new or supplementing information about the contract, even if there is no new information.

Section 10-8-22(8)(b)

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Showing 37 of 37 provisions

Provision 37

§ 10-8-22Water rates.Provision

Source excerpt

Water rates. As used in this section: "Designated water service area" means the area defined by a municipality in accordance with the Utah Constitution, Article XI, Section 6 , Subsection (1)(c) . "Large municipal drinking water system" means a municipally owned and operated drinking water system serving a population of 10,000 or more. "Retail customer" means an end user: who receives culinary water directly from a municipality's waterworks system; and whom the municipality described in Subsection (1)(c)(i) bills for water service. A municipality shall fix the rates to be paid for the use of water furnished by the municipality. The setting of municipal water rates is a legislative act. Within the municipality's designated water service area, a municipality shall: establish, by ordinance, reasonable rates for the services provided to the municipality's retail customers; use the same method of providing notice to all retail customers of proposed rate changes; and allow all retail customers the same opportunity to appear and participate in a public meeting addressing water rates. A municipality may establish different rates for different classifications of retail customers within the municipality's designated water service area, if the rates and classifications have a reasonable basis. A reasonable basis for charging different rates for different classifications may include, among other things, a situation in which: there is a difference in the cost of providing service to a particular classification; one classification bears more risk in relation to a system operation or obligation; retail customers in one classification invested or contributed to acquire a water source or supply or build or maintain a system differently than retail customers in another classification; the needs or conditions of one classification: are distinguishable from the needs or conditions of another classification; and based on economic, public policy, or other identifiable elements, support a different rate; there is a differential between the classifications based on a cost of service standard or a generally accepted rate setting method, including a standard or method the American Water Works Association establishes; or water conservation is used as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5 . An adjustment based solely on the fact that a particular classification of retail customers is located either inside or outside of the municipality's corporate boundary is not a reasonable basis. If more than 10% of the retail customers within a large municipal drinking water system's designated water service area are located outside of the municipality's corporate boundary, the municipality shall: post on the municipality's website the rates assessed to retail customers within the designated water service area; and establish an advisory board to make recommendations to the municipal legislative body regarding water rates, capital projects, and other water service standards. In establishing an advisory board described in Subsection (6)(a)(ii) , a municipality shall: if more than 10% but no more than 30% of the municipality's retail customers receive service outside the municipality's municipal boundary, ensure that at least 20% of the advisory board's members represent the municipality's retail customers receiving service outside the municipality's municipal boundary; if more than 30% of the municipality's retail customers receive service outside of the municipality's municipal boundary, ensure that at least 40% of the advisory board's members represent the municipality's retail customers receiving service outside of the municipality's municipal boundary; and in appointing board members who represent retail customers receiving service outside of the municipality's municipal boundary, as required in Subsections (6)(b)(i) and (ii) , solicit recommendations from each municipality and county outside of the municipality's municipal boundary whose residents are retail customers within the municipality's designated water service area. A municipality that supplies water outside of the municipality's designated water service area shall supply the water only by contract and shall include in the contract the terms and conditions under which the contract can be terminated. A municipality shall: notify the director of the Division of Drinking Water of a contract the municipality enters into with a person outside of the municipality's designated water service area, including the name and contact information of the person named in each contract; and each year, provide to the director of the Division of Drinking Water any supplementing or new information regarding a contract described in Subsection (8)(a) , including whether there is no new information to provide at that time.

Section 10-8-22Verify source

§ 10-8-22(1)Subsection 10-8-22(1)Provision

Source excerpt

This subsection defines three terms: designated water service area, large municipal drinking water system, and retail customer.

As used in this section: "Designated water service area" means the area defined by a municipality in accordance with the Utah Constitution, Article XI, Section 6 , Subsection (1)(c) . "Large municipal drinking water system" means a municipally owned and operated drinking water system serving a population of 10,000 or more. "Retail customer" means an end user: who receives culinary water directly from a municipality's waterworks system; and whom the municipality described in Subsection (1)(c)(i) bills for water service.

Section 10-8-22(1)Verify source

§ 10-8-22(1)(a)Subsection 10-8-22(1)(a)Provision

Source excerpt

This provision defines “designated water service area” as the area a municipality defines under the Utah Constitution.

"Designated water service area" means the area defined by a municipality in accordance with the Utah Constitution, Article XI, Section 6 , Subsection (1)(c) .

Section 10-8-22(1)(a)Verify source

§ 10-8-22(1)(b)Subsection 10-8-22(1)(b)Provision

Source excerpt

This provision defines “large municipal drinking water system” as a municipally owned and operated drinking water system serving a population of 10,000 or more.

"Large municipal drinking water system" means a municipally owned and operated drinking water system serving a population of 10,000 or more.

Section 10-8-22(1)(b)Verify source

§ 10-8-22(1)(c)Subsection 10-8-22(1)(c)Provision

Source excerpt

"Retail customer" means an end user who receives culinary water directly from a municipality's waterworks system and is billed by that municipality for water service.

"Retail customer" means an end user: who receives culinary water directly from a municipality's waterworks system; and whom the municipality described in Subsection (1)(c)(i) bills for water service.

Section 10-8-22(1)(c)Verify source

§ 10-8-22(1)(c)(i)Subsection 10-8-22(1)(c)(i)Provision

Source excerpt

who receives culinary water directly from a municipality's waterworks system; and

Section 10-8-22(1)(c)(i)Verify source

§ 10-8-22(1)(c)(ii)Subsection 10-8-22(1)(c)(ii)Provision

Source excerpt

whom the municipality described in Subsection (1)(c)(i) bills for water service.

Section 10-8-22(1)(c)(ii)Verify source

§ 10-8-22(2)Subsection 10-8-22(2)Provision

Source excerpt

A municipality must set the rates charged for water it furnishes.

A municipality shall fix the rates to be paid for the use of water furnished by the municipality.

Section 10-8-22(2)Verify source

§ 10-8-22(3)Subsection 10-8-22(3)Provision

Source excerpt

The setting of municipal water rates is a legislative act.

Section 10-8-22(3)Verify source

§ 10-8-22(4)Subsection 10-8-22(4)Provision

Source excerpt

Within the municipality's designated water service area, a municipality shall: establish, by ordinance, reasonable rates for the services provided to the municipality's retail customers; use the same method of providing notice to all retail customers of proposed rate changes; and allow all retail customers the same opportunity to appear and participate in a public meeting addressing water rates.

Section 10-8-22(4)Verify source

§ 10-8-22(4)(a)Subsection 10-8-22(4)(a)Provision

Source excerpt

establish, by ordinance, reasonable rates for the services provided to the municipality's retail customers;

Section 10-8-22(4)(a)Verify source

§ 10-8-22(4)(b)Subsection 10-8-22(4)(b)Provision

Source excerpt

Notice of proposed rate changes must be given to all retail customers using the same method.

use the same method of providing notice to all retail customers of proposed rate changes; and

Section 10-8-22(4)(b)Verify source

§ 10-8-22(4)(c)Subsection 10-8-22(4)(c)Provision

Source excerpt

All retail customers must be given the same opportunity to appear and participate in a public meeting about water rates.

allow all retail customers the same opportunity to appear and participate in a public meeting addressing water rates.

Section 10-8-22(4)(c)Verify source

§ 10-8-22(5)Subsection 10-8-22(5)Provision

Source excerpt

A municipality may set different water rates for different retail customer classifications in its designated water service area if the rate differences have a reasonable basis.

A municipality may establish different rates for different classifications of retail customers within the municipality's designated water service area, if the rates and classifications have a reasonable basis. A reasonable basis for charging different rates for different classifications may include, among other things, a situation in which: there is a difference in the cost of providing service to a particular classification; one classification bears more risk in relation to a system operation or obligation; retail customers in one classification invested or contributed to acquire a water source or supply or build or maintain a system differently than retail customers in another classification; the needs or conditions of one classification: are distinguishable from the needs or conditions of another classification; and based on economic, public policy, or other identifiable elements, support a different rate; there is a differential between the classifications based on a cost of service standard or a generally accepted rate setting method, including a standard or method the American Water Works Association establishes; or water conservation is used as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5 . An adjustment based solely on the fact that a particular classification of retail customers is located either inside or outside of the municipality's corporate boundary is not a reasonable basis.

Section 10-8-22(5)Verify source

§ 10-8-22(5)(a)Subsection 10-8-22(5)(a)Provision

Source excerpt

A municipality may set different water rates for different retail-customer classifications within its designated water service area if the rates and classifications have a reasonable basis.

Section 10-8-22(5)(a)Verify source

§ 10-8-22(5)(b)Subsection 10-8-22(5)(b)Provision

Source excerpt

A reasonable basis for charging different rates for different classifications may include several listed factors, such as cost differences, risk, customer contributions, distinct needs or conditions, accepted rate-setting methods, and water conservation.

A reasonable basis for charging different rates for different classifications may include, among other things, a situation in which: there is a difference in the cost of providing service to a particular classification; one classification bears more risk in relation to a system operation or obligation; retail customers in one classification invested or contributed to acquire a water source or supply or build or maintain a system differently than retail customers in another classification; the needs or conditions of one classification: are distinguishable from the needs or conditions of another classification; and based on economic, public policy, or other identifiable elements, support a different rate; there is a differential between the classifications based on a cost of service standard or a generally accepted rate setting method, including a standard or method the American Water Works Association establishes; or water conservation is used as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5 .

Section 10-8-22(5)(b)Verify source

§ 10-8-22(5)(b)(i)Subsection 10-8-22(5)(b)(i)Provision

Source excerpt

there is a difference in the cost of providing service to a particular classification;

Section 10-8-22(5)(b)(i)Verify source

§ 10-8-22(5)(b)(ii)Subsection 10-8-22(5)(b)(ii)Provision

Source excerpt

one classification bears more risk in relation to a system operation or obligation;

Section 10-8-22(5)(b)(ii)Verify source

§ 10-8-22(5)(b)(iii)Subsection 10-8-22(5)(b)(iii)Provision

Source excerpt

retail customers in one classification invested or contributed to acquire a water source or supply or build or maintain a system differently than retail customers in another classification;

Section 10-8-22(5)(b)(iii)Verify source

§ 10-8-22(5)(b)(iv)Subsection 10-8-22(5)(b)(iv)Provision

Source excerpt

the needs or conditions of one classification: are distinguishable from the needs or conditions of another classification; and based on economic, public policy, or other identifiable elements, support a different rate;

Section 10-8-22(5)(b)(iv)Verify source

§ 10-8-22(5)(b)(iv)(A)Subsection 10-8-22(5)(b)(iv)(A)Provision

Source excerpt

are distinguishable from the needs or conditions of another classification; and

Section 10-8-22(5)(b)(iv)(A)Verify source

§ 10-8-22(5)(b)(iv)(B)Subsection 10-8-22(5)(b)(iv)(B)Provision

Source excerpt

A different rate may be supported based on economic, public policy, or other identifiable elements.

based on economic, public policy, or other identifiable elements, support a different rate;

Section 10-8-22(5)(b)(iv)(B)Verify source

§ 10-8-22(5)(b)(v)Subsection 10-8-22(5)(b)(v)Provision

Source excerpt

there is a differential between the classifications based on a cost of service standard or a generally accepted rate setting method, including a standard or method the American Water Works Association establishes; or

Section 10-8-22(5)(b)(v)Verify source

§ 10-8-22(5)(b)(vi)Subsection 10-8-22(5)(b)(vi)Provision

Source excerpt

water conservation is used as an element in determining the rate charged for a block unit of water as provided in Section 73-10-32.5 .

Section 10-8-22(5)(b)(vi)Verify source

§ 10-8-22(5)(c)Subsection 10-8-22(5)(c)Provision

Source excerpt

An adjustment based solely on the fact that a particular classification of retail customers is located either inside or outside of the municipality's corporate boundary is not a reasonable basis.

Section 10-8-22(5)(c)Verify source

§ 10-8-22(6)Subsection 10-8-22(6)Provision

Source excerpt

A municipality must post certain water rates on its website and establish an advisory board when more than 10% of customers in a designated water service area are outside the municipality’s corporate boundary.

If more than 10% of the retail customers within a large municipal drinking water system's designated water service area are located outside of the municipality's corporate boundary, the municipality shall: post on the municipality's website the rates assessed to retail customers within the designated water service area; and establish an advisory board to make recommendations to the municipal legislative body regarding water rates, capital projects, and other water service standards. In establishing an advisory board described in Subsection (6)(a)(ii) , a municipality shall: if more than 10% but no more than 30% of the municipality's retail customers receive service outside the municipality's municipal boundary, ensure that at least 20% of the advisory board's members represent the municipality's retail customers receiving service outside the municipality's municipal boundary; if more than 30% of the municipality's retail customers receive service outside of the municipality's municipal boundary, ensure that at least 40% of the advisory board's members represent the municipality's retail customers receiving service outside of the municipality's municipal boundary; and in appointing board members who represent retail customers receiving service outside of the municipality's municipal boundary, as required in Subsections (6)(b)(i) and (ii) , solicit recommendations from each municipality and county outside of the municipality's municipal boundary whose residents are retail customers within the municipality's designated water service area.

Section 10-8-22(6)Verify source

§ 10-8-22(6)(a)Subsection 10-8-22(6)(a)Provision

Source excerpt

If the stated customer-percentage condition is met, the municipality must publish certain water rates on its website and create an advisory board.

Section 10-8-22(6)(a)Verify source

§ 10-8-22(6)(a)(i)Subsection 10-8-22(6)(a)(i)Provision

Source excerpt

The municipality must post the retail water rates for the designated water service area on its website.

post on the municipality's website the rates assessed to retail customers within the designated water service area; and

Section 10-8-22(6)(a)(i)Verify source

§ 10-8-22(6)(a)(ii)Subsection 10-8-22(6)(a)(ii)Provision

Source excerpt

An advisory board must make recommendations to the municipal legislative body about water rates, capital projects, and other water service standards.

establish an advisory board to make recommendations to the municipal legislative body regarding water rates, capital projects, and other water service standards.

Section 10-8-22(6)(a)(ii)Verify source

§ 10-8-22(6)(b)Subsection 10-8-22(6)(b)Provision

Source excerpt

A municipality establishing the specified advisory board must meet membership-representation percentages based on how many retail customers are served outside the municipal boundary, and must solicit recommendations when appointing outside-representative board members.

In establishing an advisory board described in Subsection (6)(a)(ii) , a municipality shall: if more than 10% but no more than 30% of the municipality's retail customers receive service outside the municipality's municipal boundary, ensure that at least 20% of the advisory board's members represent the municipality's retail customers receiving service outside the municipality's municipal boundary; if more than 30% of the municipality's retail customers receive service outside of the municipality's municipal boundary, ensure that at least 40% of the advisory board's members represent the municipality's retail customers receiving service outside of the municipality's municipal boundary; and in appointing board members who represent retail customers receiving service outside of the municipality's municipal boundary, as required in Subsections (6)(b)(i) and (ii) , solicit recommendations from each municipality and county outside of the municipality's municipal boundary whose residents are retail customers within the municipality's designated water service area.

Section 10-8-22(6)(b)Verify source

§ 10-8-22(6)(b)(i)Subsection 10-8-22(6)(b)(i)Provision

Source excerpt

if more than 10% but no more than 30% of the municipality's retail customers receive service outside the municipality's municipal boundary, ensure that at least 20% of the advisory board's members represent the municipality's retail

Section 10-8-22(6)(b)(i)Verify source

§ 10-8-22(6)(b)(ii)Subsection 10-8-22(6)(b)(ii)Provision

Source excerpt

If more than 30% of a municipality’s retail customers receive service outside its boundary, the municipality must ensure at least 40% of the advisory board represents those outside-boundary retail customers.

if more than 30% of the municipality's retail customers receive service outside of the municipality's municipal boundary, ensure that at least 40% of the advisory board's members represent the municipality's retail customers receiving service outside of the municipality's municipal boundary; and

Section 10-8-22(6)(b)(ii)Verify source

§ 10-8-22(6)(b)(iii)Subsection 10-8-22(6)(b)(iii)Provision

Source excerpt

in appointing board members who represent retail customers receiving service outside of the municipality's municipal boundary, as required in Subsections (6)(b)(i) and (ii) , solicit recommendations from each municipality and county outside of the municipality's municipal boundary whose residents are retail customers within the municipality's designated water service area.

Section 10-8-22(6)(b)(iii)Verify source

§ 10-8-22(7)Subsection 10-8-22(7)Provision

Source excerpt

A municipality supplying water outside its designated service area must do so only by contract.

A municipality that supplies water outside of the municipality's designated water service area shall supply the water only by contract and shall include in the contract the terms and conditions under which the contract can be terminated.

Section 10-8-22(7)Verify source

§ 10-8-22(8)Subsection 10-8-22(8)Provision

Source excerpt

A municipality must notify the director of the Division of Drinking Water about certain contracts with persons outside its designated water service area, including the person’s name and contact information.

A municipality shall: notify the director of the Division of Drinking Water of a contract the municipality enters into with a person outside of the municipality's designated water service area, including the name and contact information of the person named in each contract; and each year, provide to the director of the Division of Drinking Water any supplementing or new information regarding a contract described in Subsection (8)(a) , including whether there is no new information to provide at that time.

Section 10-8-22(8)Verify source

§ 10-8-22(8)(a)Subsection 10-8-22(8)(a)Provision

Source excerpt

A municipality must notify the director of the Division of Drinking Water about certain contracts with persons outside its designated water service area.

notify the director of the Division of Drinking Water of a contract the municipality enters into with a person outside of the municipality's designated water service area, including the name and contact information of the person named in each contract; and

Section 10-8-22(8)(a)Verify source

§ 10-8-22(8)(b)Subsection 10-8-22(8)(b)Provision

Source excerpt

Each year, the relevant party must provide the director of the Division of Drinking Water any new or supplementing information about the contract, even if there is no new information.

each year, provide to the director of the Division of Drinking Water any supplementing or new information regarding a contract described in Subsection (8)(a) , including whether there is no new information to provide at that time.

Section 10-8-22(8)(b)Verify source

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Utah Code § 10-8-22

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