Utah Constitutional Amendment D, Municipal Water Resources Amendment (2020)

Utah Utah Constitutional Amendment D
Election date November 3, 2020
Topic Public works and Water
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Utah measuresUtah Constitutional Amendment AUtah Constitutional Amendment BUtah Constitutional Amendment CUtah Constitutional Amendment DUtah Constitutional Amendment EUtah Constitutional Amendment FUtah Constitutional Amendment GSubmit

Utah Constitutional Amendment D, the Municipal Water Resources Amendment, was on the ballot in Utah as a legislatively referred constitutional amendment on November 3, 2020. It was approved.

A "yes" vote supported the constitutional amendment to specify the circumstances under which a municipality may commit water resources or supply water outside its boundary or exchange water resources and revise provisions surrounding municipal water rights.

A "no" vote opposed amending the state Constitution to specify the circumstances under which a municipality may commit water resources or supply water outside its boundary or exchange water resources and revise provisions surrounding municipal water rights.

Election results

Utah Constitutional Amendment D
Result		Votes	Percentage
Yes		827,596	61.14%
No		525,985	38.86%

Results are officially certified.

Source

Overview

What did Constitutional Amendment D do?

See also: Constitutional changes

The amendment was designed to revise provisions surrounding municipal water rights and allow municipalities to supply water outside of their municipal boundaries.

The amendment was designed to allow a municipality to do the following:

• designate by ordinance the geographic limits of its water service area and define its terms of service including reasonable water service charges;
• commit its water supply for use outside its designated water service area if the water is in excess of the water needed for the municipality's designated water service area;
• supply water to retail consumers outside its boundary but within its designated water service area for reasonable charges established by ordinance; and
• exchange water rights or sources of water for other water rights or sources of water that the municipality determines will equally enable the municipality to meet the needs of its designated water service area.

Why was this measure on the ballot?

See also: Background

This amendment was on the ballot as part of a package of three bills related to municipal water in Utah. The sponsor of HJR 3, Republican Representative Keven Stratton, said the bills are "a package of bills that have been worked on aggressively seeking to address some issues that have been festering for decades." According to Democratic Representative Joel Briscoe, 50 cities in the state of Utah supply water to an area larger than their municipal boundaries. Briscoe said that the bills would provide protections to those outside of a water supplier's municipal boundaries.

Text of measure

Ballot question

The ballot question was as follows:

“

Shall the Utah Constitution be amended to: rewrite a provision relating to municipal water rights and sources of water supply; allow a municipality to define the boundary of the municipality’s water service area and to set the terms of water service for that area; state that a municipality is not prevented from: supplying water to water users outside the municipality’s boundary; or entering into a contract to supply water outside the municipality’s water service area if the water is more than what is needed for the municipality’s water service area; and modify the basis upon which a municipality is allowed to exchange water rights or sources of water supply? For ( ) Against ( )

”

Constitutional changes

See also: Article XI, Utah Constitution

The measure amended Section 6 of Article XI of the Utah Constitution. The following underlined text was added and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

Article XI, Section 6. [Municipal water rights and sources of water supply.]

No municipal corporation, shall directly or indirectly, lease, sell, alien or dispose of any waterworks, water rights, or sources of water supply now, or hereafter to be owned or controlled by it; but all such waterworks, water rights and sources of water supply now owned or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and operated by it for supplying its inhabitants with water at reasonable charges: Provided, That nothing herein contained shall be construed to prevent any such municipal corporation from exchanging water-rights, or sources of water supply, for other water-rights or sources of water supply of equal value, and to be devoted in like manner to the public supply of its inhabitants.

(1) A municipality that owns, acquires, or controls water rights or sources of water supply to supply water to the public:

(a) may not directly or indirectly lease, sell, alienate, or dispose of any of those water rights or sources of water supply;

(b) shall preserve and maintain those water rights and sources of water supply to supply water to its inhabitants and others within its designated water service area; and

(c) may by ordinance designate the geographic limits of its water service area and define the terms of service, including water service charges that are reasonable.

(2) Nothing in Subsection (1) may be construed to prevent a municipality from:

(a) supplying water to retail consumers outside its boundary but within the municipality's designated water service area for reasonable charges established by ordinance;

(b) contractually committing to supply water outside the municipality's designated water service area, if the water supplied is in excess of the water needed for the municipality's designated water service area; or

(c) exchanging water rights or sources of water supply for other water rights or sources of water supply that the municipality determines will equally enable the municipality to meet the needs of its designated water service area.

Impartial analysis

The impartial analysis for Constitutional Amendment D was included in the 2020 voter guide was as follows:

“ Current Provisions of the Utah Constitution The Utah Constitution currently prohibits a municipality from selling or disposing of: (1) its water rights; or (2) its sources of water supply, such as wells, springs, or streams. The term “municipality” includes cities and towns. The current Utah Constitution requires a municipality to retain the municipality’s water rights and sources of water supply to supply water to the municipality’s residents. The constitution states that a municipality is not prevented from exchanging water rights or sources of water supply for other water rights or sources of water supply of equal value. The constitution does not mention whether a municipality is allowed to supply water to water users outside the municipality’s boundary. Over time the need for water outside municipal boundaries has resulted in a long-standing and widespread practice by many Utah municipalities of supplying water to water users outside the municipality’s boundary. Effect of Constitutional Amendment D Constitutional Amendment D rewrites the provision of the Utah Constitution dealing with a municipality’s water rights and sources of water supply. Amendment D allows a municipality to define the boundary of its water service area and to set the terms of water service for that area, including reasonable water service charges. The boundary of a municipality’s water service area may be different than the boundary of the municipality. In addition, Constitutional Amendment D resolves uncertainty about the ability of a municipality to supply water to water users outside the municipality’s boundary. The Amendment states that a municipality is not prevented from: supplying water to water users outside the municipality’s boundary; or entering into contracts to supply water outside the municipality’s water service area if the water is more than what is needed for the municipality’s water service area. Under the Amendment, a municipality will still not be allowed to sell or dispose of its water rights or sources of water supply. A municipality will continue to be able to exchange water rights or sources of water supply for other water rights or sources of water supply. However, any such exchange will require the municipality to determine that the water rights or sources of water supply that the municipality receives in exchange will equally enable the municipality to meet the needs of its water service area. Implementing Legislation If Constitutional Amendment D is approved by voters, a bill passed during the 2019 General Session of the Utah Legislature will also take effect and become law. That bill is H.B. 31, Water Supply and Surplus Water Amendments. H.B. 31 requires a municipality that provides water to water users outside the municipality’s boundary to define the municipality’s water service area and to create a map showing that area. The bill requires a municipality to provide water service to all end-use customers within the municipality’s water service area in a manner that treats similarly situated customers the same. H.B. 31 also requires a municipality to set reasonable water rates for the water provided by the municipality. The bill requires a municipality that provides water outside its water service area to provide the water only through a contract. Effective Date If approved by voters, Constitutional Amendment D takes effect on January 1, 2021. ”

Fiscal impact statement

The fiscal impact statement for Constitutional Amendment D was as follows:

“

The Legislative Fiscal Analyst has determined that Constitutional Amendment D will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

”

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Office of Legislative Research and General Counsel wrote the ballot language for this measure. The FKGL for the ballot title is grade level 9, and the FRE is 41. The word count for the ballot title is 109, and the estimated reading time is 29 seconds.

Support

Supporters

Officials

• Utah State Senator Ralph Okerlund (R)
• Utah State Representative Keven Stratton (R)

Arguments

• Utah State Senator Keith Grover (R): "Currently, municipalities are restricted on the things they can do with water and shares that are found within their jurisdictions. What [the amendment] will do is... if municipalities are taking care of all of their water needs and demands and they have excess water shares, this allows them to supply water on the retail market and also allows them to exchange water rights or sources of water supply."

Official arguments

• Senator Ralph Okerlund (R) and Representative Keven Stratton (R) (Voter Guide): "The Utah Legislature unanimously passed HJR 3, proposing to Amend Utah’s Constitution to clarify the circumstances under which a municipality may provide permanent water service outside of its municipal boundaries. Art. XI, §6 was originally adopted as part of the 1896 Constitution to prohibit municipalities from selling, disposing or encumbering their water rights or water works. Instead. municipalities were directed to preserve and maintain these resources for their inhabitants. Municipalities were allowed to exchange water rights or sources of water supply of equal value, and by statute were allowed to provide water currently surplus to the municipality’s needs to others outside the municipalities’ boundaries, but any such surplus sale was subject to termination. Notwithstanding this prohibition on permanently disposing or committing water rights, as growth and populations increased many municipalities throughout the State extended their retail water infrastructure outside their boundaries and began providing retail water service to customers who are not inhabitants of the municipality. Providing retail service outside a municipality’s boundaries filled a need by allowing development to occur in unincorporated areas lacking alternative sources of retail water service. However, all such extension of services outside a municipality’s boundaries remained subject to termination because of the prohibition contained in Art XI, §6. The lack of long-term consistency in water supply created economic uncertainty in the marketplace, which uncertainty can be eliminated by amending the original 1896 provision to validate the existing practices of many municipalities. With approval of H.J.R. 3, legislation defines the process for a municipality to provide retail water service outside its boundaries by ordinance that will define the geographical boundaries of its designated service area; which area may include the municipality, and areas outside a municipality’s boundaries where it had extended its water infrastructure thus providing permanent retail water service within a designated service area, at reasonable rates set by ordinance. Municipalities are further authorized to provide by contract surplus water to areas outside its designated service area. Any such surplus sales contract is subject to termination, as H.J.R. 3 retains the constitutional prohibition on municipalities permanently disposing of their water rights or sources of supply, and mandates that municipalities preserve and maintain these critical assets for the inhabitants of its designated service area. Unanimously approved by both the Senate and the House, H.J.R. 3, also retained authorization to exchange water right or water sources that will equally enable the municipality to meet the needs of its designated service area. A municipality may also exchange water works to allow economies of scale in providing critical infrastructure."

Opposition

Arguments

• Utah State Senator Lyle Hillyard (R): "I'm always nervous when I see a constitutional amendment that is this detailed to make sure it's correct... I'm a little nervous about the language."

Official arguments

No arguments were submitted for the 2020 voter guide in opposition to Constitutional Amendment D.

Campaign finance

See also: Campaign finance requirements for Utah ballot measures

Total campaign contributions:
Support:	$0.00
Opposition:	$0.00

If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

Background

Package of municipal water bills

This constitutional amendment, HJR 3, was closely related to House Bill 31 and Senate Bill 17. The sponsor of HJR 3, Representative Keven Stratton (R-48), said the three bills are "a package of bills that have been worked on aggressively seeking to address some issues that have been festering for decades as it relates to our water."

House Bill 31

House Bill 31 is the implementing legislation for HJR 3.

Representative Keven Stratton said that HB 31 "is a practical codified response" to the constitutional amendment, HJR 1. Representative Joel Briscoe (D-25) said 50 cities in the state of Utah supply water to an area larger than their municipal footprint and that House Bill 31 provides protections to those outside of a water supplier's municipal boundaries.

House Bill 31, sponsored by Rep. Kim Coleman (R-42) and passed unanimously by the legislature, provides statutory regulations and makes technical changes in state law for implementing HJR 3. HB 31 would allow for water providers to designate a "service area" to include users in their jurisdiction (municipal boundaries) as well as outside of their jurisdiction so as to do away with the idea of two separate jurisdictions and simply makes them one service area. HB 31 would also provide that those receiving water outside of the original jurisdiction have the same rights as those within the jurisdiction regarding rate setting and possible revocation of water. HB 31 would require water suppliers to publish maps showing what jurisdictions they supply to so that consumers know where they are getting water from.

HB 31 can be read here. HB 31 would become effective on January 1, 2021, if HJR 3 is approved by voters at the 2020 general election.

Senate Bill 17

Senate Bill 17, sponsored by Sen. Ralph Okerlund (R-24) and passed unanimously by the legislature, makes technical changes and modifies statutory provisions related to extraterritorial jurisdictions of municipalities.

SB 17 can be read here. SB 17 is not dependent on the passage of HJR 3 to take effect.

Referred amendments on the ballot

From 1996 through 2018, the state legislature referred 42 constitutional amendments to the ballot. Voters approved 38 and rejected four of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was between three and four. The approval rate at the ballot box was 90.48 percent during the 22-year period from 1996 through 2018. The rejection rate was 9.52 percent.

Legislatively-referred constitutional amendments, 1996-2018
Total number	Approved	Percent approved	Defeated	Percent defeated	Annual average	Annual median	Annual minimum	Annual maximum
42	38	90.48%	4	9.52%	3.50	3.00	1	6

Path to the ballot

See also: Amending the Utah Constitution

In Utah, both chambers of the state legislature need to pass a constitutional amendment by a two-thirds vote during one legislative session to refer an amendment to the ballot.

The amendment must be approved by a majority of voters voting in the general election, not just a majority of voters voting on the amendment.

On March 10, 2020, the Utah State Legislature passed House Joint Resolution 3 by a vote of 71-0 in the House and a vote of 27-0 in the Senate. HJR 3 was designed to take the place of HJR 1 (the original constitutional amendment bill) on the 2020 ballot. HJR 3 made technical changes to the wording of the constitutional amendment.

House Joint Resolution 3 (2020)

House Joint Resolution 3 (HJR 3) was introduced into the legislature on January 27, 2020, by sponsors Rep. Keven Stratton (R-48) and Sen. Ralph Okerlund (R-24). The House of Representatives approved the amendment on January 29, 2020, by a vote of 71-0 and four representatives (three Republicans and one Democrat) absent or not voting. HJR 3 passed in the Senate on March 10, 2020, by a vote of 27-0 with two Republican senators absent or not voting. HJR 3 superseded and replaced HJR 1 from the 2019 legislative session.

Vote in the Utah House of Representatives January 29, 2020
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	71	0	4
Total percent	94.66%	0.00%	5.34%
Democrat	15	0	1
Republican	56	0	3

Vote in the Utah State Senate March 10, 2020
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	27	0	2
Total percent	93.1%	0.00%	6.9%
Democrat	6	0	0
Republican	21	0	2

House Joint Resolution 1 (2019)

House Joint Resolution 1 (HJR 1) was introduced into the legislature on January 29, 2019, by sponsors Rep. Keven Stratton (R-48) and Sen. Keith Grover (R-15). The House of Representatives approved the amendment on February 28, 2019, with 68 members (55 Republicans and 13 Democrats) voting in favor and one Republican Representative, Travis Seegmiller, voting against the measure. Six Representatives (three Democrats and three Republicans) were absent or not voting.

HJR 1 was approved in the Senate on March 12, 2019, in a vote of 25 to 1 with three Republican Senators absent or not voting. The single no vote came from Republican Senator Lyle Hillyard.

Vote in the Utah House of Representatives February 28, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	68	1	6
Total percent	90.66%	1.33%	8.00%
Democrat	13	0	3
Republican	55	1	3

Vote in the Utah State Senate March 12, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 20  a
	Yes	No	Not voting
Total	25	1	3
Total percent	86.20%	10.34%	3.44%
Democrat	6	0	0
Republican	19	1	3

How to cast a vote

See also: Voting in Utah

Click "Show" to learn more about voter registration, identification requirements, and poll times in Utah.

How to cast a vote in Utah

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times Utah is an all-mail voting state that offers vote centers for voters that choose to vote in person. All vote centers are open from 7 a.m. to 8 p.m. local time. Utah voters are able to vote in person at any vote center. An individual who is in line at the time polls close must be allowed to vote. Registration requirements Check your voter registration status here. To register to vote in Utah, an applicant must be a citizen of the United States, a resident of Utah for at least 30 days prior to the election, and at least 18 years old by the next general election. Pre-registration is available for 16- and 17-year-olds. 17-year-olds may vote in primary elections if they will turn 18 by the general election. Registration can be completed online or by mailing in a form. The deadline to register online or by mail is 11 days before Election Day. After this deadline, voters may register in person at a vote center by casting a provisional ballot and providing two forms of identification. Automatic registration See also: Automatic voter registration Utah does not practice automatic voter registration. Online registration See also: Online voter registration Utah has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration See also: Same-day voter registration Utah allows same-day voter registration at polling places during the 10 days preceding and on Election Day. Residency requirements Prospective voters must be residents of the state for at least 30 days before the election. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Utah does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a person who commits fraudulent registration is "guilty of a class A misdemeanor" under Utah Code 20A-2-401. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registration The Utah lieutenant governor’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Utah requires in-person voters to present non-photo identification while voting. The following list of accepted ID was current as of May 2025: “ "Valid voter identification" means: a form of identification that bears the name and photograph of the voter which may include: a currently valid Utah driver license; a currently valid identification card issued under Title 53, Chapter 3, Part 8, Identification Card Act; a currently valid identification card that is issued by: the state; or a branch, department, or agency of the United States; a currently valid Utah permit to carry a concealed weapon; a currently valid United States passport; or a currently valid United States military identification card; one of the following identification cards, regardless of whether the card includes a photograph of the voter: a valid tribal identification card; a Bureau of Indian Affairs card; or a tribal treaty card; or two forms of identification not listed under Subsection (79)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: before January 1, 2029, an original or copy of a current utility bill, dated no more than 90 calendar days before the date of the election; before January 1, 2029, an original or copy of a bank or other financial account statement, dated no more than 90 calendar days before the date of the election; a certified birth certificate; a valid social security card; an original or copy of a check issued by the state or the federal government, dated no more than 90 calendar days before the date of the election; an original or copy of a paycheck from the voter's employer, dated no more than 90 calendar days before the date of the election; a currently valid Utah hunting or fishing license; certified naturalization documentation; a currently valid license issued by an authorized agency of the United States; a certified copy of court records showing the voter's adoption or name change; a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; a currently valid identification card issued by: a local government within the state; an employer for an employee; or a college, university, technical school, or professional school located within the state; or a current Utah vehicle registration. ” Click here for the Utah statute defining accepted ID to ensure you have the most current information.

See also

2020 measures

• 2020 ballot measures
• Public works on the ballot
• Water on the ballot

Utah

• Utah ballot measures
• Utah ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 1
• Statewide Ballot Questions