(1) When the governing body of a city is acting as distributing agent of water, not
the property of the corporation, outside of or within its corporate limits, the governing
body may annually, before the commencement of the irrigation season, determine and
fix the sum considered necessary to meet the expense of the current year for the purpose
(a) controlling, regulating, and distributing the water; and
(b) constructing and keeping in repair the necessary means for diverting, conveying,
and distributing the water.
(2)(a) The governing body may collect the sum described in Subsection (1) from the
persons entitled to the use of the water, pro rata according to acreage, whether the
acreage is situate within or without the corporate boundary of the city.
(b) The governing body may not appropriate or use the derived funds for any other
purpose than the purposes described in Subsection (1).
(c) In the event that the governing body collects a greater sum in any one year than
is necessary under Subsection (1), the governing body shall carry the excess to the
account of the year next following and apply the excess to the purposes described
in Subsection (1).
(d) The governing body shall enact an ordinance fixing and providing for the collection
of the sum described in Subsection (1).
(3)(a) Until the governing body collects the sum described in Subsection (1), the
sum is a political subdivision lien, as that term is defined in Section 11-60-102, on the subject water rights and the land irrigated by the water, in accordance with
Title 11, Chapter 60, Political Subdivision Lien Authority.
(b) If the lien amount is not paid in full in a given year:
(i) by September 15, the governing body shall certify any unpaid amount to the treasurer
of the county in which the liened property is located; and
(ii) the county treasurer shall include the certified amount on the property tax notice
required by Section 59-2-1317 for that year.
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