48-3780.01. Member service area; replenishment reserve
A. Except as provided in subsection B of this section, municipal providers with service areas that qualify under section 48-3780 shall pay to the district annual replenishment reserve charges and replenishment reserve fees as provided in section 48-3772, subsection E, and as follows:
1. A municipal provider with a member service area that qualified before January 1, 2004 shall pay annual replenishment reserve charges for twenty-five years beginning in 2004.
2. A municipal provider with a member service area that qualifies on or after January 1, 2004 shall:
(a) Pay annual replenishment reserve charges associated with each excess groundwater increment for twenty-three years beginning in the year after the excess groundwater increment is reported.
(b) Pay a replenishment reserve fee each year beginning in the year following qualification.
3. If the assured water supply designation of a municipal provider with a member service area is modified in a manner that increases the district's projected annual replenishment obligation as reported by the director of water resources pursuant to section 45-576, subsection F, the municipal provider shall:
(a) Pay annual replenishment reserve charges associated with each excess groundwater increment for twenty-three years beginning in the year after the excess groundwater increment is reported. Such charges are in addition to any replenishment reserve charges due under paragraphs 1 and 2.
(b) Pay a replenishment reserve fee each year beginning in the year following modification.
B. The district shall not levy annual membership dues, replenishment reserve fees, replenishment reserve charges or a reserve replacement component associated with replenishment activities performed under a resolution adopted pursuant to section 48-3772, subsection B, paragraph 10.
C. The district shall not use credits from a replenishment reserve subaccount established under section 45-859.01 to satisfy its replenishment obligations under a resolution adopted pursuant to section 48-3772, subsection B, paragraph 10.
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