Project approval; resolution of project intent

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48-5911. Project approval; resolution of project intent

A. Before constructing, acquiring or financing any water related facilities, the district board shall cause a report to be prepared on the feasibility and benefits of the project. The study shall be prepared by engineers and other qualified persons and shall include at least the following:

1. A description of the water related facilities to be constructed or acquired and all other information useful to understanding the project.

2. A map showing the general location of the project.

3. An estimate of the cost to construct, acquire, operate and maintain the project.

4. An estimated schedule for completion of the project.

5. A map or description of the area to be benefited by the project.

6. A plan for financing the project, including a preliminary analysis of how capital, operation and maintenance costs will affect landowners and water rate payers.

B. The board shall hold a public hearing on the report prescribed in subsection A and shall provide notice of the hearing by publication at least ten days in advance in a newspaper of general circulation in the county and by mail to the governing board of the county.

C. If any of the municipal water providers participating in the district is a private water company, the district board shall provide the director of the utilities division of the corporation commission with the report prepared pursuant to subsection A and written notice of the public hearing that the board shall hold pursuant to subsection B, at least ten days before the hearing.

D. After the hearing, the district board may reject, amend or approve the report prescribed in subsection A. If the report is substantially amended, a new hearing shall be held before final approval of the report by the board. A change in the scope of the project constitutes a substantial amendment to the report. If the report is approved, the district board shall adopt a resolution of project intent which shall identify the water related facilities in the project, the areas benefited, the expected method of financing and an appropriate system for providing revenues to operate and maintain the project.


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