48-6411. Adequate water supply requirements; notice; objections

A. Except as provided in subsection C of this section and sections 48-6412 and 48-6413, a person who proposes to offer subdivided lands, as defined in section 32-2101, for sale or lease in the district shall apply for and obtain a determination of adequate water supply from the director pursuant to sections 45-108 and 45-108.04 before presenting the plat for approval to the city, town or county in which the land is located, if it is required, and before filing with the state real estate commissioner a notice of intention to offer the lands for sale or lease pursuant to section 32-2181, unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply pursuant to sections 45-108 and 45-108.04.

B. Except as provided in subsection C of this section and sections 48-6412 and 48-6413, the county and a city or town in the district shall not approve a subdivision plat for a proposed subdivision in the district unless one of the following applies:

1. The director of water resources has determined that there is an adequate water supply for the subdivision pursuant to sections 45-108 and 45-108.04 and the subdivider has included the report with the plat.

2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to sections 45-108 and 45-108.04.

C. Subsections A and B of this section do not apply to:

1. A proposed subdivision that the director has determined will have an inadequate water supply pursuant to sections 45-108 and 45-108.04 if the director grants an exemption for the subdivision pursuant to section 48-6412 and the exemption has not expired or the director grants an exemption pursuant to section 48-6413.

2. A proposed subdivision that received final plat approval from a city, town or county before the district is established if the plat has not been materially changed since it received the final plat approval. If changes were made to the plat after the plat received the final plat approval, the director shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If a city, town or county approves a plat pursuant to this subsection and the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to sections 45-108 and 45-108.04, the city, town or county shall note this on the face of the plat.

D. If the county or a city or town in the district approves a subdivision plat pursuant to subsection B of this section, the platting entity shall note on the face of the plat that the director of water resources has reported that the subdivision has an adequate water supply or that the subdivider has obtained a commitment of water service for the proposed subdivision from a city, town or private water company designated as having an adequate water supply pursuant to sections 45-108 and 45-108.04.

E. If the county or a city or town in the district approves a subdivision plat pursuant to an exemption granted by the director of water resources pursuant to section 48-6412 or 48-6413 the county, city or town shall both:

1. Give written notice of the approval to the director of water resources and the director of environmental quality.

2. Include on the face of the plat a statement that the director of water resources has determined that the water supply for the subdivision is inadequate and a statement describing the exemption under which the plat was approved, including a statement that the director has determined that the specific conditions of the exemption were met. If the director subsequently informs the county, city or town that the subdivision is being served by a water provider that has been designated by the director as having an adequate water supply pursuant to sections 45-108 and 45-108.04, the county, city or town shall record in the county recorder's office a statement disclosing that fact.

F. A person who is required to file a notice of intention to subdivide lands with the state real estate commissioner under section 32-2181 for subdivided lands in the district shall include with the notice a report issued by the director of water resources pursuant to section 45-108 stating that the subdivision has an adequate water supply, unless one of the following applies:

1. The subdivider submitted the report to a city, town or county before approval of the plat by the city, town or county and this has been noted on the face of the plat.

2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to sections 45-108 and 45-108.04.

3. The plat was approved by the county or a city or town in the district pursuant to an exemption granted by the director under section 48-6412 and the exemption has not expired or pursuant to an exemption granted by the director under section 48-6413. If the plat was approved pursuant to an authorized exemption, the state real estate commissioner shall require that all promotional material and contracts for the sale of lots in the subdivision adequately display the director's report or the developer's brief summary of the report as approved by the commissioner on the proposed water supply for the subdivision and a statement describing the exemption under which the subdivision was approved, including the specific conditions of the exemption that were met.

4. The subdivision received final plat approval from the city, town or county before the district is established, and there have been no material changes to the plat since the final plat approval. If changes were made to the plat after the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108. If this paragraph applies, the state real estate commissioner shall require that all promotional materials and contracts for the sale of lots in the subdivision adequately display the director of water resources' report or the developer's brief summary of the report as approved by the commissioner on the proposed water supply for the subdivision.

G. The state real estate commissioner shall deny issuance of a public report pursuant to section 32-2183 or 32-2197.08, whichever applies, or the use of any exemption pursuant to section 32-2181.02, subsection B for subdivided lands or timeshare property in the district unless one of the following applies:

1. The director of water resources has reported pursuant to section 45-108 that the subdivision or timeshare property has an adequate water supply.

2. The subdivider or timeshare property has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to sections 45-108 and 45-108.04.

3. The plat was approved pursuant to an exemption granted by the director under section 48-6412 and the exemption has not expired or pursuant to an exemption granted by the director under section 48-6413.

4. The subdivision received final plat approval from the city, town or county before the district is established, and there have been no material changes to the plat since the final plat approval. If changes were made to the plat after the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108.

H. On receipt of an application for a water report for a subdivision in the district or an application by a city, town or private water company in the district to be designated as having an adequate water supply under sections 45-108 and 45-108.04, the director shall publish notice of the application once each week for two consecutive weeks in a newspaper of general circulation in the district. The first publication shall occur within fifteen days after the application is determined or deemed to be administratively complete. If the application is substantially modified after notice of the application is given pursuant to this subsection, the director shall give notice of the application as modified in the manner prescribed by this subsection. The first publication of any subsequent notice shall occur within fifteen days after the modified application is determined or deemed to be administratively complete.

I. Notice pursuant to subsection H of this section shall state that written objections to the application may be filed with the director by residents and landowners in the district within fifteen days after the last publication of notice. An objection shall state the name and mailing address of the objector and be signed by the objector, the objector's agent or the objector's attorney. The grounds for objection are limited to whether the application meets the criteria for determining an adequate water supply set forth in sections 45-108 and 45-108.04. The objection shall clearly set forth reasons why the application does not meet the criteria.

J. In appropriate cases, including cases in which a proper written objection to the application has been filed, an administrative hearing may be held before the director's decision on the application if the director deems a hearing necessary. Thirty days before the date of the hearing, the director shall give notice of the hearing to the applicant and to any person who filed a proper written objection to the application. The hearing shall be scheduled for at least sixty days but not more than ninety days after the expiration of the time in which to file objections.

K. If the application is for a water report:

1. If the director determines that an adequate water supply exists for the proposed use, the director shall issue a water report stating that the water supply for the subdivision is adequate.

2. If the director determines that an adequate water supply does not exist, the director shall issue a water report stating that the water supply for the subdivision is inadequate.

L. If the application is for a designation of adequate water supply:

1. If the director determines that an adequate water supply exists for the proposed use, the director shall approve the application.

2. If the director determines that an adequate water supply does not exist, the director shall deny the application.

M. The applicant or a person who contested the application by filing a proper objection pursuant to subsection I of this section may seek judicial review of the final decision of the director as provided in section 45-114, subsection B in the superior court.

N. Section 45-114, subsections A and B govern administrative proceedings, rehearings or reviews and judicial reviews of final decisions of the director under this section. If an administrative hearing is held, it shall be conducted in the district.

O. The district may bring an enforcement action in superior court to enforce this section.