§ 11-37-119. Contracts for water - Provision for modification of rates - Outside users subject to rationing program of municipality.

A.  All contracts for the sale or furnishing of water from a source obtained by or on behalf of a municipality by permit or prior right under state law or by general obligation bonds shall be made in the name of the municipality as provided for by statute or by charter.

B.  All such water sold and furnished to persons or public or private entities outside the corporate limits of the municipality shall be sold and furnished upon written contracts which shall provide for an annual review of the municipality's costs and contract modification of rates to permit rates to be increased or decreased to the purchasers as appropriate.  Any modification shall be nondiscriminatorily allocated between the municipality's customers and the purchaser.  Provided, however, that only those costs that are attributable to maintaining the ability of the municipality to provide water service to the purchaser shall be included in purchaser's rates.

The contracts shall provide that the persons or public or private entities outside the corporate limits of the municipality shall be subject to a rationing program consistent with any rationing program ordered by the municipality.

Added by Laws 1977, c. 256, § 37-119, eff. July 1, 1978.  Amended by Laws 1984, c. 126, § 67, eff. Nov. 1, 1984; Laws 1989, c. 74, § 1, operative July 1, 1989; Laws 1991, c. 313, § 2, eff. Sept. 1, 1991; Laws 1994, c. 339, § 1, eff. emerg. June 8, 1994.