7-82-112 - Utility service to customer in adjoining utility district.
7-82-112. Utility service to customer in adjoining utility district.
(a) (1) Notwithstanding § 7-82-301(a), a utility district shall be allowed to provide utility service to a customer located within the boundaries of an adjoining utility district if the customer or adjoining utility district files a request with the utility management review board for the customer to obtain utility service from the adjoining utility district and if the utility management review board finds that:
(A) Either the utility district within which the customer is located has refused to provide utility service to the customer or is not able or willing to provide service within a reasonable period of time at a reasonable cost as determined by the utility management review board; and
(B) The adjoining utility district is willing to provide utility service to the customer.
(2) If the utility management review board finds that the customer should be served by the adjoining utility district, then the utility management review board shall enter an order setting forth its findings and granting the service request.
(b) This section shall only apply to the request of a single customer of a utility district for utility service from an adjoining utility district.
(c) Nothing in this section shall be construed to affect the exclusive or prior right of a utility district to provide utility service within its boundaries to any other customer located within its boundaries under state law or to affect the exclusive or prior right to a utility district to provide utility service within its boundaries under federal law.
[Acts 2008, ch. 852, § 1.]