Section 486-A:7 Applicant Agreement.
I. Applications for state grants for surface water treatment and for regional water systems and evaluation of groundwaters contributing area of public wells with recorded levels of chemical contaminants shall contain an agreement that the applicant:
(a) Has installed or will install the water works facilities in accordance with the plans and specifications approved by the department;
(b) Will provide proper and efficient operation and maintenance of facilities;
(c) Agrees that failure to install the facilities in accordance with the approved plans and specifications or to provide proper and efficient operation and maintenance of such facilities shall result in loss of payments of the annual grant installment next following such failure. The loss of payment of the annual grant installment shall continue in effect until such time as the applicant has completed the steps necessary to install the facilities in accordance with plans and specifications approved by the department, or made provisions for proper and efficient operation and maintenance of the facilities in accordance with department instructions or both;
(d) For a grant to aid in the development of a regional water system and evaluation of groundwaters contributing area of public wells with recorded levels of chemical contaminants, agrees to participate in regional and statewide water supply planning initiatives and to consider the results of such initiatives for purposes of long-term water supply planning and infrastructure development.
II. Applications for water supply land protection grants shall contain a statement that the applicant shall comply with the following conditions:
(a) The applicant shall purchase the land or conservation easement from a willing seller, and the purchase shall include only land within the source water protection area of an active or proposed public drinking water source supplying a community or non-transient non-community water system or only small portions of land beyond the source water protection area under circumstances which make subdivision impractical;
(b) The land or conservation easement shall be owned, in perpetuity, by a water supply land protection grantee;
(c) The land shall be maintained in perpetuity to protect the drinking water source and no land use or development shall occur that would diminish the quantity or quality of the drinking water;
(d) The land, if purchased in fee simple, shall not be posted to prohibit hiking, hunting, and fishing, unless the department deems such posting necessary to protect the associated water supply or other natural resources;
(e) The applicant shall provide required stewardship and submit annual stewardship reports to the department.
Source. 1993, 341:1. 1996, 228:106. 2000, 310:1, eff. June 21, 2000. 2003, 178:9, eff. July 1, 2003.