§ 17B-1-205 — Petition and request requirements -- Removal or reinstatement of signature.

(1) Each petition and request shall:
(1)(a) indicate the typed or printed name and current residence address of each property owner, groundwater right owner, or registered voter signing the petition;
(1)(b) (1)(b)(i) if it is a property owner request or petition, indicate the address of the property as to which the owner is signing the request or petition; or
(1)(b)(ii) if it is a groundwater right owner request or petition, indicate the location of the diversion of the groundwater as to which the owner is signing the groundwater right owner request or petition;
(1)(c) describe the entire area of the proposed special district;
(1)(d) be accompanied by a map showing the boundaries of the entire proposed special district;
(1)(e) specify the service proposed to be provided by the proposed special district;
(1)(f) if the petition or request proposes the creation of a specialized special district, specify the type of specialized special district proposed to be created;
(1)(g) for a proposed basic special district:
(1)(g)(i) state whether the members of the board of trustees will be elected or appointed or whether some members will be elected and some appointed, as provided in Section 17B-1-1402;
(1)(g)(ii) if one or more members will be elected, state the basis upon which each elected member will be elected; and
(1)(g)(iii) if applicable, explain how the election or appointment of board members will transition from one method to another based on stated milestones or events, as provided in Section 17B-1-1402;
(1)(h) for a proposed improvement district whose remaining area members or county members, as those terms are defined in Section 17B-2a-404, are to be elected, state that those members will be elected;
(1)(i) for a proposed service area that is entirely within the unincorporated area of a single county, state whether the initial board of trustees will be:
(1)(i)(i) the county legislative body;
(1)(i)(ii) appointed as provided in Section 17B-1-304; or
(1)(i)(iii) elected as provided in Section 17B-1-306;
(1)(j) designate up to five signers of the petition or request as sponsors, one of whom shall be designated as the contact sponsor, with the mailing address and telephone number of each;
(1)(k) if the petition or request is a groundwater right owner petition or request proposing the creation of a special district to acquire a groundwater right under Section 17B-1-202, explain the anticipated method:
(1)(k)(i) of paying for the groundwater right acquisition; and
(1)(k)(ii) of addressing blowing dust created by the reduced use of water;
(1)(l) if the petition or request is a groundwater right owner petition or request proposing the creation of a special district to assess a groundwater right under Section 17B-1-202, explain the anticipated method:
(1)(l)(i) of assessing the groundwater right and securing payment of the assessment; and
(1)(l)(ii) of addressing blowing dust created by the reduced use of water; and
(1)(m) for a proposed infrastructure financing district:
(1)(m)(i) state whether the members of the board of trustees will be elected or appointed or whether some members will be elected and some appointed;
(1)(m)(ii) if one or more members will be elected, state the basis upon which each elected member will be elected;
(1)(m)(iii) explain how appointed board member positions will transition to elected board member positions based on stated milestones or events, as provided in Section 17B-2a-1303;
(1)(m)(iv) state whether divisions will be established within the boundary of the infrastructure financing district so that some or all board members represent a division rather than the district at large and, if so, describe the boundary of each division; and
(1)(m)(v) if applicable, be accompanied by the governing document prepared according to Section 17B-2a-1303.
(2) (2)(a) Subject to Subsection (2)(b), a signer of a request or petition may remove or, once removed, reinstate the signer's signature at any time before the filing of the request or petition by filing a written statement for removal or reinstatement with:
(2)(a)(i) in the case of a request:
(2)(a)(i)(A) the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer's property is located, if the request is a property owner request;
(2)(a)(i)(B) the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer's groundwater diversion point is located, if the request is a groundwater right owner request; or
(2)(a)(i)(C) the clerk of the county or the clerk or recorder of the municipality in whose applicable area the signer resides, if the request is a registered voter request; or
(2)(a)(ii) in the case of a petition, the responsible clerk.
(2)(b) The time for a signer of a petition for the creation of an infrastructure financing district to remove or reinstate the signer's signature is any time before the petition is certified under Section 17B-1-209.
(3) (3)(a) A clerk of the county who receives a timely, valid written statement for removal or reinstatement from a signer of a registered voter request or registered voter petition shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove or reinstate the individual's signature.
(3)(b) If a municipal clerk or recorder receives a timely, valid written statement for removal or reinstatement from a signer of a registered voter request or registered voter petition, the clerk of the municipality's county shall assist the municipal clerk or recorder with determining whether to remove or reinstate the individual's signature using the procedures described in Subsection 20A-1-1003(3).

Legislative History

Amended by Chapter 38, 2025 General Session