Sec. 25-33l. Sale of source, potential source or abandoned source of water supply.
Sec. 25-33l. Sale of source, potential source or abandoned source of water supply. (a) Whenever any water company intends to sell a source, potential source or abandoned source of water supply, it shall notify the Commissioner of Public Health. The
commissioner shall order such company to notify, in writing, by certified mail, return
receipt requested, other water companies that may reasonably be expected to utilize the
source, potential source or abandoned source of its intention and the price at which it
intends to sell such source. The commissioner shall determine the water companies that
shall receive notice after consideration of public water supply plans filed and approved
pursuant to section 25-32d and any other water system plan approved by the commissioner. No agreement to sell such source may be entered into by the water company
except as hereinafter provided.
(b) Within ninety days after notice has been mailed pursuant to subsection (a) of
this section, a water company receiving notice of the sale pursuant to said subsection
shall give notice to the water company selling the source, potential source or abandoned
source of water supply by certified mail, return receipt requested, of a desire to acquire
such source and such water company shall have the right to acquire the interest in such
source for water supply purposes. If two or more water companies seek to acquire such
source, potential source or abandoned source at the price at which it is offered, the
Commissioner of Public Health shall hold a hearing to determine which company shall
be allowed to acquire such source. In making his determination, the commissioner shall
consider any public water supply plans filed and approved pursuant to section 25-32d,
any other water system plans approved by the commissioner, the needs of each company
and the efficient and effective development of public water supply in the state. The
decision of the commissioner shall be subject to appeal pursuant to section 4-183 and
shall have precedence in the order of trial as provided in section 52-191.
(c) If a water company fails to give notice pursuant to subsection (b) of this section
by certified mail, return receipt requested, of its desire to acquire such source, potential
source or abandoned source of water supply, such water company shall have waived its
right to acquire the source or potential source of water supply in accordance with the
terms of this section.
(d) The water company desiring to acquire the interest in the source, potential source
or abandoned source of water supply shall acquire such interest within twelve months
of the determination by the commissioner of which water company shall be allowed to
acquire such source. If the rates of the water company acquiring such source are regulated
by the Department of Public Utility Control, the source acquired may be included in
the rate base of such company at the acquisition price.
(P.A. 85-336, S. 3, 6; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.