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Show Salt Lake City Watershed Management Plan ' 99 quality or quantity. Cities may enact any ordinances necessary to protect the watershed, " and are authorized and empowered to enact ordinances preventing pollution or contamination of the streams or watercourses in which the inhabitants of the cities derive their water supply" ( Utah Code Ann., 10- 8- 15). Pursuant to general eminent domain authority in the Utah Constitution, Salt Lake City may condemn private property for public use with just compensation ( Utah Constitution, Article I, Section 22). Specific statutory authority to acquire water and waterworks and " property connected therewith/' including the power of condemnation for such purposes, has been granted to cities by the Utah Legislature ( Utah Code Ann., 10- 7- 4). The Utah statutes granting extraterritorial jurisdiction to cities over watersheds are broad and give the cities substantial discretion in the management of watersheds to protect water sources. Salt Lake City as a First Class City has special powers over entire watershed areas. 3. Federal Legislation The U. S. Congress passed two statutes recognizing the authority of Salt Lake City to protect its water supplies. In 1914, Congress withdrew federal lands from mineral location and removed federal lands from surface disposal for City Creek, Red Butte, Emigration and Parleys Canyons ( 38 Stat. 714, Public Law 199, Sept. 19,1914). Congress directed the Secretary of Agriculture to administer the lands in cooperation with Salt Lake City " for the purpose of storing, conserving, and protecting from pollution the said water supply.." ( 38 Stat 714, 715, Section 2). The Secretary of Agriculture was also granted the authority to prescribe and enforce regulations to protect the water supply of Salt Lake City ( 38 Stat 715, Section 3). In 1934, Congress again addressed the protection of Salt Lake City's municipal water supply by reserving the surface estate to the United States in any mineral patents in the canyons ( 48 Stat 808,809 Section 2, Public Law 259, May 26,1934). Congress also reserved additional lands from mining location in Millcreek Canyon, Big Cottonwood Canyon and Little Cottonwood Canyon ( 48 Stat 808, 809, Section 3, May 26,1934). 4. Salt Lake City Watershed Ordinances Salt Lake City has implemented state statutory authority for watershed protection through the adoption of ordinances. The Salt Lake City Watershed Ordinances may be Page 31 |