For purposes of this chapter, unless the context otherwise directs:

(1) “Adequate supply” means a volume of water supply from all sources which meets or exceeds the projected demand. The amount of adequate supply is calculated on the premise that, in the projected year, drought of record conditions exist.

(2) “Commission” means the Public Service Commission as established by the provisions of Chapter 1 of this title.

(3) “Drought of record” means a period of 75 days of climatological, streamflow and groundwater conditions similar to those that prevailed in northern New Castle County during the drought emergency of 2002, or as redefined by the Water Supply Coordinating Council if a more severe drought occurs in the future.

(4) “Drought sensitive area” means the portion of the State located north of the Chesapeake and Delaware Canal.

(5) “Jurisdictional water utility” means a water utility which is subject to the regulatory jurisdiction of the Public Service Commission under the provisions of § 201 of this title.

(6) “Nonjurisdictional water utility” means a water utility which is not subject to, or is excluded from, the jurisdiction of the Public Service Commission under the provisions of § 202 of this title.

(7) “Projected demand” means the anticipated demand for water supply in the drought sensitive area during a drought of record in the projected year as determined for each water utility by the Water Supply Coordinating Council. “Projected demand” may be expressed in terms of gallons per year, average daily demand on an annual basis, maximum daily demand, maximum monthly demand, or any other comparable reporting measure as determined by the Water Supply Coordinating Council.

(8) “Projected year” means the third calendar year following a reporting year.

(9) “Reporting year” means the year 2006 and every third year thereafter.

(10) “Water Supply Coordinating Council” or “Council” means the entity established by § 1305 of this title. If the Water Supply Coordinating Council lapses or expires, a reference to the Water Supply Coordinating Council is deemed to refer to the Department of Natural Resources and Environmental Control acting in consultation with the University of Delaware Water Resources Agency (WRA), the Delaware Geological Survey and water utilities.

(11) “Water utility” means any person or entity, including a municipality, water district, cooperative or investor-owned company or corporation, that operates within the drought sensitive area a water service, system, plant or equipment for public use. The term “water utility” does not include a municipal entity or municipal water utility in the drought sensitive area which provides public water utility services to 5,000 or less customers.

74 Del. Laws, c. 179, § 2; 78 Del. Laws, c. 70, § 2.