(a) On any application for a new or additional water supply or source of water supply, the water resources board, after obtaining the recommendations of the director of the department of health and the division of planning, may require or authorize any applicant to make provisions for the supply and to supply water to any area of the state which, as determined by the water resources board in its decision on that application, properly should be supplied with water from the source or sources of water supply sought by the applicant.
(b) Any municipal water department or agency, special water district, or private water company within the area may apply to the water resources board for the right to take water from that source of water supply or from any part of the water supply system of the applicant supplied in whole or in part from that source. If the water resources board requires, or if it approves the application, it shall be the duty of the applicant to supply water, subject to such requirements as the water resources board may impose.
(c) The amount of water to be taken and the price to be paid therefor may be agreed upon between the applicant and the taker of the water, or if they cannot agree, fair and reasonable amounts and rates shall be fixed by the administrator of public utilities and carriers; provided, further, that nothing contained in this section shall be construed as diminishing the powers of the administrator of public utilities and carriers in respect to rates of water suppliers subject to his or her jurisdiction.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 1999, ch. 461, § 1; P.L. 2007, ch. 340, § 48.