(2) The exclusion provided in subsection (1) of this section shall not apply to a district which:
(a) Also supplies domestic water approved by the Oregon Health Authority to the subdivision; or
(b) Agrees to supply water to the subdivision. A district may require as a condition of any agreement that:
(A) The subdivider install underground pipe from the district’s designated point of delivery to each lot or parcel in the subdivision as shown on the plat approved by the appropriate governing body;
(B) The subdivider install a meter or other adequate measuring device at the delivery point to the subdivision and for each lot or parcel;
(C) The subdivider provide adequate easements for the delivery system and make provision for the maintenance and repair of the delivery system; and
(D) The subdivider provide any other measures that the district considers necessary for the proper and efficient delivery of water to the subdivision and for the efficient administration of such delivery.
(3) Nothing in subsection (2)(b) of this section requires a district to agree to deliver water to a subdivision. [Formerly 545.611; 1999 c.505 §1; 2009 c.595 §987]