73-26-302 - Construction contingent upon sale or lease of water -- Preconstruction may proceed.
73-26-302. Construction contingent upon sale or lease of water -- Preconstructionmay proceed if funded.
(1) Except as provided in Subsection (3), the division may not expend monies forconstruction costs on any phase of a project until:
(a) contracts have been made for the sale or lease of at least 70% of the water developedby that phase; and
(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of the environmental mitigation planshall proceed concurrently.
(3) The division may make expenditures for preconstruction costs if monies are expresslyappropriated or earmarked by statute for that purpose by the Legislature.
Amended by Chapter 84, 2006 General Session