Bill
Number: H.B. 2482
Petersen
Floor Amendment
Reference
to: COMMERCE AND
PUBLIC
SAFETY Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Allows a subdivider to use a certificate
of assured water supply issued to a previous owner of real property if:
a) the plat has not changed;
b) the certificate has not been revoked;
c) water service is available to each lot
within the subdivided land;
d) all activation and replenishment reserve
fees have been paid; and
e) the plat has been submitted to a
qualified platting authority.
2. Requires the Department of Water
Resources to post a list of all revoked and pending certificates on its
website.
3. Removes permissibility of a previously
issued public report provided to a purchaser.
4. Makes conforming changes.
Page 1,
strike lines 2 through 25
Strike pages
2 through 9
Page 10,
strike lines 1 through 25
Renumber to
conform
Line 31,
after "A." insert "Except as provided in
subsections g and J of this section,"
Page 11,
line 9, after "B." insert "Except as provided in
subsections g and J of this section,"
Line 19,
after "C." insert "Except as provided in
subsections g and J of this section,"
Line 26,
strike "either:"
Line 27,
strike "(a)"
Strike lines
29 through 31
Page 14,
between lines 20 and 21, insert:
"J. SUBSECTIONS A, B AND C of this section DO NOT APPLY TO A
PERSON WHO PROPOSES TO OFFER SUBDIVIDED LAND FOR SALE OR LEASE IN AN ACTIVE
MANAGEMENT AREA IF ALL THE FOLLOWING APPLY:
1. THE
DIRECTOR ISSUED A CERTIFICATE OF ASSURED WATER SUPPLY FOR THE LAND TO A
PREVIOUS OWNER OF THE LAND AND THE CERTIFICATE WAS CLASSIFIED AS A TYPE A
CERTIFICATE UNDER RULES ADOPTED BY THE DIRECTOR PURSUANT TO SUBSECTION H of
this section.
2. THE
director has not revoked the CERTIFICATE OF ASSURED WATER SUPPLY DESCRIBED IN
PARAGRAPH 1 of this subsection, AND PROCEEDINGS TO REVOKE THE CERTIFICATE ARE
NOT PENDING BEFORE THE DEPARTMENT OR A COURT. THE DEPARTMENT SHALL POST ON ITS
WEBSITE A LIST OF ALL CERTIFICATES OF ASSURED WATER SUPPLY THAT HAVE BEEN
REVOKED OR FOR WHICH PROCEEDINGS ARE PENDING BEFORE THE DEPARTMENT OR A COURT.
3. THE
PLAT SUBMITTED TO THE DEPARTMENT IN THE APPLICATION FOR THE CERTIFICATE OF
ASSURED WATER SUPPLY DESCRIBED IN PARAGRAPH 1 of this subsection HAS NOT
CHANGED.
4. WATER
SERVICE IS CURRENTLY AVAILABLE TO EACH LOT WITHIN THE SUBDIVIDED LAND AND THE
WATER PROVIDER LISTED ON THE CERTIFICATE OF ASSURED WATER SUPPLY DESCRIBED IN
PARAGRAPH 1 of this subsection HAS NOT CHANGED.
5. THE
SUBDIVIDED LAND QUALIFIES AS A MEMBER LAND UNDER TITLE 48, CHAPTER 22 AND THE
SUBDIVIDER HAS PAID ANY ACTIVATION FEE REQUIRED UNDER SECTION 48-3772,
SUBSECTION A, PARAGRAPH 7 AND ANY REPLENISHMENT RESERVE FEE REQUIRED UNDER
SECTION 48-3774.01, SUBSECTION A, PARAGRAPH 2.
6. THE
PLAT IS SUBMITTED FOR APPROVAL TO A CITY, TOWN OR COUNTY THAT IS LISTED ON THE
DEPARTMENT’S WEBSITE AS A QUALIFIED PLATTING AUTHORITY.
K. Subsection
J of this section does not affect the assignment of a CERTIFICATE of assured
water supply as prescribed by section 45-579."
Reletter to
conform
Amend title to conform