HB2535

THE CONTEXT: Annexation Process To annex adjoining lands, a municipality must file a blank petition with the appropriate county recorder that contains a description and map of the proposed annexation. After this petition is filed, a municipal governing body will hold a public hearing to discuss the proposed annexation.

WHAT THE BILL DID: The final vetoed version would state that a well drilled with the consent of the well owner on private property in an unincorporated area, notwithstanding any other law, is not subject to municipal regulation if the unincorporated area is annexed after the well has been drilled, exempt an owner of a well drilled on private property in an unincorporated area from connecting to a municipal water system, and prohibit a city or town from directly or indirectly: a) Conditioning the issuance or approval of a permit on the well owner connecting the well to a municipal water system; or b) Denying or failing to take timely action on a permit because the well s not currently connected or must be connected in the future to a municipal water system if the unincorporated area containing the well was annexed after the well was drilled.

WHY IT MATTERED: The practical reason for this bill was to give property owners and consumers a clearer rule for private property. It would state that a well drilled with the consent of the well owner on private property in an unincorporated area, notwithstanding any other law, is not subject to municipal regulation if the unincorporated area is annexed after the well has been drilled, and would also exempt an owner of a well drilled on private property in an unincorporated area from connecting to a municipal water system, rather than leave the current rule unchanged.