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A. Pursuant to the provisions of Utah Code Annotated section 10-9a-508, any person or property owner wishing to develop property within the city for residential, commercial or industrial purposes shall notify the city with the application of any and all water rights which may be appurtenant to or used upon and in connection with the property proposed to be developed. All water rights sufficient to meet the needs of the proposed development which are existing and appurtenant to or used upon and in connection with said property, or produced and developed on said property, shall be transferred to the city to support the project or development. If, after sufficient rights have been transferred to support the project, there are excess water rights, the developer may first offer to the city the purchase of said excess water rights at the fair market value. Any person seeking to develop property within the city as provided above shall furnish satisfactory evidence to the city that no transfer, sale, lease or disposal of water rights was consummated after June 1, 1987, contrary to the provisions hereof. No person shall sell, transfer, lease or assign water or water rights that are produced or developed on property within the city where such water will be used for the benefit of property that has not previously benefited therefrom, unless it is determined that future development of the property which has historically benefited from such water would not be feasible under any conditions. Any determination of the transferability of water shall be made by the water services director in writing after a consideration of (1) the impact development of any such property will have upon the city’s ability to reasonably supply water to future occupants of the property; (2) the use to be made of water proposed to be transferred; (3) the most efficient utilization of water within the city; (4) the furtherance of conservation practices; and (5) all other relevant circumstances.

B. Any person not in agreement with the water services director’s decision affecting property in which that person has an interest may appeal the decision to the city council within ten (10) calendar days of the date of any written determination. Any appeal must be in writing and submitted in person or by email to the city recorder. The procedure thereafter shall be governed by section 1-15-1 et seq.

C. No plat shall be approved nor building permit issued in furtherance of the development of any property from which water rights have been transferred in violation hereof. Violation shall constitute an infraction, and upon conviction, subject to penalty as provided in section 1-4-1 of this code, and each day during which a violation exists may be considered a separate offense. (Ord. 5-2-1987, 5-21-1987; amd. Ord. 2003-02-002, 2-20-2003; 2003 Code; Ord. 2022-07-009, 7-28-2022. Formerly 8-1-6)