45-576.06. Termination of designation for members of conservation district or members of water district; moratorium on adding new member lands and member service areas

A. After a conservation district has been established under title 48, chapter 22, if one or more of the conditions established under section 45-576.01, subsection B, paragraph 2 or 3 are not met for an active management area with respect to a conservation district and for as long as the condition is not met:

1. Any municipal provider whose service area is in that active management area and that was designated as having an assured water supply on the basis that its service area is a member service area shall lose its designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.

2. No additional real property in that active management area may become a member land.

3. No additional service area of a city, town or private water company in that active management area may become a member service area.

B. After a water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations established under title 48, chapter 28, article 7, if one or more of the conditions established under section 45-576.01, subsection B, paragraph 2 or 3 are not met with respect to the water district and for as long as the condition is not met:

1. Any municipal provider whose service area is in the active management area in which the water district is located and that was designated as having an assured water supply on the basis that its service area is a water district member service area shall lose its designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.

2. No additional real property in that active management area may become a water district member land.

3. No additional service area of a city, town or private water company in that active management area may become a water district member service area.

C. If the conservation district notifies the director pursuant to section 48-3781, subsection G that a municipal provider that was designated as having an assured water supply on the basis that its service area is a member service area has failed to pay any portion of the required annual replenishment tax assessed under section 48-3781, the director may revoke the municipal provider's designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.

D. After a water district has adopted an ordinance or resolution to undertake the water district groundwater replenishment obligations established under title 48, chapter 28, article 7, if the water district notifies the director pursuant to section 48-4982, subsection G that a municipal provider that was designated as having an assured water supply on the basis that its service area is a water district member service area has failed to pay any portion of the required annual replenishment tax assessed under section 48-4982, the director may revoke the municipal provider's designation. The municipal provider may reapply for and reobtain its designation if the director determines that the municipal provider's projected use is consistent with achieving the management goal of the active management area under section 45-576.