Section 15-1521. Supply of water to other public water supply systems  


Latest version.
  • On  any  application for a new or additional water supply or source of
      water supply, the department 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 department  in  its  decision  on  that
      application  properly  should  be supplied with water from the source or
      sources of water supply sought by the applicant. The owner  or  operator
      of  any  existing  or  proposed  water works system within such area may
      apply to the department for a permit 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
      department  so  requires, or if it grants a permit, it shall be the duty
      of the applicant so to supply water, subject to such requirements as the
      department may impose. The amount of water so 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, after due hearings thereon, fixed by the department,
      provided however, that such department shall have no power to fix  rates
      in  any  case  where  the  Public Service Commission has such power, and
      provided further, that  nothing  in  this  section  contained  shall  be
      construed as diminishing the powers of said Public Service Commission in
      respect  to  rates of water works companies subject to its jurisdiction.
      Any such agreement or determination of the department may from  time  to
      time  be  modified  by  further  agreement  between the parties affected
      thereby or by the further order of the department.