Delaware § 1404 - Reporting requirements for water utilities: consumer water conservation plans and certifications of adequate supply.

§ 1404. Reporting requirements for water utilities: consumer water conservation plans and certifications of adequate supply.

(a) On or before July 1 of each reporting year, each water utility in the drought sensitive area shall submit to the Water Supply Coordinating Council:

(1) A consumer water conservation plan (Plan) for the following 3-year period; and

(2) A certification of adequate water supply (Certification) for the projected year.

The Plan and the Certification must be applicable to water utility services provided by the water utility in the drought sensitive area.

(b) Consumer water conservation plan. — Each plan submitted by a water utility must include:

(1) A description of the water utility’s proposed methods of consumer education to:

a. Make consumers aware of the benefits arising from the efficient use of water supply;

b. Make consumers aware of and understand any water conservation rate that is in effect, or that will be implemented by the water utility during the following 3 years;

c. Make consumers aware of the existence of both new and retrofitted consumer equipment that improves the efficient use of water; and

d. Make consumers aware of the costs arising from the loss of water through leakage in consumer water systems.

(2) For each reporting year after 2006, an evaluation of the effectiveness of the water utility’s preceding consumer water conservation plan in informing consumers of methods to improve the efficient use of the water supply.

(c) Certification of adequate supply. — With its consumer water conservation plan, each water utility shall submit to the Water Supply Coordinating Council a certification that the water utility has sufficient sources of water supply to provide adequate supply to meet the projected demand in the drought sensitive area for the following projected year. The certification must be executed by the governmental officer responsible for the operation of the water utility. With the certification, the water utility shall provide supporting materials and documents that identify each source of supply and the volume of water available from each source. The supporting materials and documents must demonstrate that, for the projected year, the volume of supply from the water utility’s sources will be adequate to meet or exceed the projected demand.

(d) Beginning with the reporting year 2009, in addition to certifying adequate supply pursuant to subsection (c) of this section, each water utility shall also certify that none of its sources of supply for use during a drought of record are reliant on contracts with out-of-state water authorities or utilities, except for minimum purchase obligations under purchase-water contracts in existence on April 1, 2003, between Delaware water utilities and non-Delaware providers.

(e) The Water Supply Coordinating Council shall review the water utility’s certification of adequate supply and the supporting materials and documents. If the Council believes that the supporting materials and documents do not support the certification, the Council shall notify the water utility of the deficiency. The water utility may then submit additional materials and documents to support its certification. If the Council ultimately determines that a jurisdiction or water utility’s certification is deficient the council shall so report to the Commission.

74 Del. Laws, c. 179, §  2;  78 Del. Laws, c. 70, §§  4-6, 12;