Construction contingent upon sale or lease of water -- Preconstruction may proceed if funded.

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  • (1) Except as provided in Subsection (3), the division may not expend money for construction costs on any phase of a project until:
    • (a) contracts have been made for the sale or lease of at least 70% of the water developed by that phase; and
    • (b) all permits required by the environmental impact statement have been obtained.
  • (2) Construction of the project and implementation of the environmental mitigation plan shall proceed concurrently.
  • (3) The division may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.




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