48-4981. Qualification as a water district member service area
The service area of a municipal provider shall qualify as a water district member service area only if all of the following apply:
1. The service area is located in an active management area in which the district is located.
2. The municipal provider is not a member of a groundwater replenishment district established pursuant to chapter 27 of this title.
3. The service area of the municipal provider is not a member service area under chapter 22 of this title.
4. The conditions stated in section 45-576.01, subsection B, paragraphs 2 and 3 are satisfied with respect to the district at the time of the qualification.
5. The municipal provider publishes a resolution once each week for two consecutive weeks in a newspaper of general circulation for the county or counties where the service area is located that:
(a) Has attached to it a current map of the municipal provider's service area.
(b) Declares the intent of the municipal provider that the service area qualify as a water district member service area under this chapter.
(c) Declares that, for the privilege of withdrawing and delivering excess groundwater within its service area and to ensure the continued exercise of that privilege, the municipal provider shall pay an annual replenishment tax to be determined by the district.
(d) Contains a covenant, binding against the municipal provider, to pay to the district an annual replenishment tax based on the water district service area replenishment obligation in an amount determined by the district as necessary to allow the district to perform the water district groundwater replenishment obligations.
(e) Authorizes the municipal provider to enter into a written commitment with the district in form and substance satisfactory to the district regarding the payment of the annual replenishment tax.
(f) Declares that the resolution applies to the service area of the municipal provider as it currently exists and to all additions to and extensions of the service area.
(g) Declares that the resolution is irrevocable for as long as the district is obligated to perform the water district groundwater replenishment obligations.
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