It is not often you get a Salt Lake City Democrat and a Utah County Republican to agree on policy, but that is what we have with Utah constitutional Amendment D that will be on your upcoming ballot.
Salt Lake City Democratic Rep. Joel Briscoe and Utah County Republican Rep. Keven Stratton have both publicly expressed support for this constitutional amendment.
Amendment D resolves a decades-old issue that has quietly been lurking behind the scenes. It involves Utah’s water law, issues of transparency and fairness, and it just might affect the value of your home and business.
Scattered across Utah, several municipalities provide water and water infrastructure for residents who live outside their city boundaries. Although this practice began decades ago and started as a way to provide water to residents who need it, the truth is, residents receiving water and infrastructure from another city are at the mercy of that city that provides water to them. These residents have little, if any, say in their water rates and are not guaranteed permanent access to their water.
The Utah Constitution requires cities to preserve water and water supplies for their inhabitants. These residents, who live outside the city, are not considered “inhabitants” and the city is not allowed to guarantee water service to them. The city may provide them with “surplus” water, but that water must be provided by contract and can be removed on short notice. In some instances, the water to such residents can be permanently terminated with as little as 30 days' notice. Many may believe this would never happen, and maybe they are correct, but the state constitution requires a city to provide water first to its residents, not those living outside its city limits. According to data from the League of Cities and Towns and the providing cities, tens of thousands of people across Utah are reliant on a temporary water source. Salt Lake County alone has over 100,000 residents relying on such water, mostly along its east bench.
As Salt Lake County’s chief deputy assessor, this temporary water source causes much concern to me and our office. The County Assessor’s Office monitors the residential and commercial industry for issues that might affect the value of homes and businesses. Few things affect the value of a home or business more than its access to water.
The Utah Legislature has spent much time and effort researching, studying and seeking a solution to this issue. It was studied during the 2018 interim session and the resulting bills passed unanimously through both the House and Senate in the 2019 and 2020 legislative sessions.
The Legislature reached a solution that provides protection for all Utahns who live outside the boundaries of the cities that provide water and infrastructure to them. Part of the solution is a constitutional amendment that allows cities to provide permanent water to their inhabitants and the inhabitants of their service areas.
To take effect, this amendment must be passed by the voters. The Legislature has done its part, and it is now time for you and me to do our part. By voting yes for Amendment D, we ensure transparency, a map of the service area, fair treatment, justified water rates and permanent water to tens of thousands of Utahns.
A no vote would have many unintended consequences. Appraisers, title companies, underwriters and more will have to disclose that properties in these service areas do not have a permanent water source. This disclosure can potentially put the value of tens of thousands of homes and businesses into question. Our office will be faced with reassessing based on a temporary water source.
This unprecedented dilemma can have ripple effects and can impact tax rates across our county, thereby impacting each of us.
My intent with this commentary is to educate, not alarm, but as previously stated, the Legislature has provided a solution and that solution requires action from you and me. That action is a yes vote on Amendment D.
Chris Stavros
Chris Stavros is a candidate for Salt Lake County assessor.
