45-343. Records and annual report of water use; penalty

A. Each community water system that is required to file an annual report under this section and that uses meters to measure water withdrawals and diversions shall maintain current, complete, true and correct records of its withdrawals, diversions and deliveries of water in the form as prescribed by the director. Each community water system that is required to file an annual report under this section and that does not use meters to measure water withdrawals and diversions shall maintain records of the estimated amount of its withdrawals, diversions and deliveries of water in the form as prescribed by the director.

B. An annual report shall be filed with the director by each community water system. A community water system is exempt from the reporting requirements in this section if it is required to file an annual report under section 45-632.

C. A community water system required to file an annual report under this section shall report the following information:

1. If water was pumped or diverted by the community water system during the year:

(a) The quantity of water pumped or diverted and the well registration numbers of any wells used to pump or divert the water. Community water systems that do not use meters to measure water pumped or diverted shall estimate the quantity of water pumped or diverted.

(b) The number of customers to whom the community water system delivered water during the year.

(c) An identification of the number of storage facilities and the storage capacity of each facility.

2. If water was received by the community water system from another person during the year:

(a) The name of the person from whom the water was obtained.

(b) If the water was pumped or diverted, the registration numbers of any wells used to pump or divert the water, if known.

(c) The quantity of water received during the year.

(d) The number of customers to whom the community water system delivered water during the year.

(e) An identification of the number of storage facilities and the storage capacity of each facility.

3. If effluent that is generated from a wastewater treatment facility was used or received by the community water system during the year, the estimated quantity of effluent generated from the wastewater treatment facility during the year, the estimated quantity of effluent used directly from the wastewater treatment facility during the year and the specific uses to which the effluent was applied during the year.

D. Community water systems required to file annual reports under this section shall maintain a current map clearly delineating its service area and distribution system.

E. The records and reports required to be kept and filed under this section shall be in the form as the director prescribes. The director shall prepare blank forms and distribute them on a timely schedule and furnish them upon request. Failure to receive or obtain the forms does not relieve any person from keeping the required records or making any required report. The director shall cooperate with cities and towns, private water companies and irrigation districts that are community water systems in establishing the form of the records and reports to be kept and filed by them. The director of water resources shall coordinate with the corporation commission and the director of environmental quality in establishing the form of the reports required to be filed by this section to facilitate the reporting of similar or identical information to the department of water resources and the corporation commission or to the department of water resources and the department of environmental quality.

F. If a community water system fails to timely file the report prescribed by this section, the director shall provide a written notice to the water system that requires compliance within sixty days of the date of the notice. If the water system does not comply within the sixty day period, the director shall provide notice of that noncompliance to the governing bodies of the cities, towns and counties located within the service area of the water system.

G. A violation of this article does not constitute a violation of chapter 2 of this title.