Utah Code 10-8-19. Water supply — Special tax for increasing supply when city acting as distributing agent
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(1) Whenever a city is acting as distributing agent of water, not the property of the corporation, outside of or within the corporate limits of such city, upon written petition of the owners of the water, the city may increase the supply of water that the petitioners own by any means provided in Section 10-8-18.
Terms Used In Utah Code 10-8-19
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104 - 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.
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2)(2)(a) To increase the supply of water under Subsection (1), the city may levy and collect from the owners of the water a tax not exceeding the sum per acre of land owned as agreed upon and designated in the petition.(2)(b) The city shall appropriate the tax collected under Subsection (2)(a) exclusively to increase the supply of water under Subsection (1), except as is necessary to pay the expense of levying and collecting the tax.(3)(3)(a) Until the city collects the tax described in Subsection (2), the unpaid tax is a political subdivision lien, as that term in defined in Section 11-60-102, upon the owner’s water rights and the land that the water irrigates, in accordance with Title 11, Chapter 60, Political Subdivision Lien Authority.(3)(b) If the lien amount is not paid in full in a given year:(3)(b)(i) by September 15, the city shall certify any unpaid amount to the treasurer of the county in which the liened property is located; and(3)(b)(ii) the county treasurer shall include the certified amount on the property tax notice required by Section 59-2-1317 for that year.