Sec. 25-33a. State grants for water facilities. State bond authorization. (a) The
State Bond Commission shall have power, from time to time to authorize the issuance
of bonds of the state in one or more series and in principal amounts not exceeding in
the aggregate four million one hundred fifty-one thousand five hundred ninety-nine
dollars, for the purposes of providing funds for (1) grants to municipally-owned water
companies for the planning, design, modification or construction of drinking water facilities of such companies made necessary by the requirements of the Safe Water Act of
1974, or by an order of the Department of Public Health deeming the water supplied
by such companies to be inadequate, which facilities shall include, but need not be
limited to, collection facilities, treatment facilities, wells, tanks, mains, pumps, transmission facilities and any other machinery and equipment necessary to meet the requirements of said act, (2) grants in accordance with the provisions of section 22a-471 to water
companies, as defined in section 25-32a, which have less than ten thousand customers, as
defined in said section 25-32a, for the treatment of a contaminated water supply well
which is owned, maintained, operated, managed, controlled or employed by the water
company, and (3) water supply emergency assistance grants to investor-owned water
companies which supply water to at least twenty-five but less than one thousand customers for repair, rehabilitation, interconnection or replacement, in the event that such company has ceased to provide water as a result of equipment or facility failure and the
Commissioner of Economic and Community Development, upon recommendation of
the Department of Public Health and in consultation with the Department of Public
Utility Control, makes a determination that the company is financially unable to immediately restore service and there is no alternative water company reasonably able to immediately supply water. The grants shall be made in accordance with terms and conditions
as provided in regulations to be promulgated by the Commissioner of Economic and
Community Development, subject to approval by the Commissioner of Public Health,
provided the amount of any such grant under subdivision (1) of this subsection shall
not exceed one hundred thousand dollars or thirty per cent of the cost of the project
being funded by the grant, whichever is greater. For the purposes of this section, planning
costs shall include, but need not be limited to, fees and expenses of architects, engineers,
attorneys, accountants and other professional consultants, and costs of preparing surveys, studies, site plans and plans and specifications for eligible drinking water facilities.
Not more than four million dollars of the proceeds of such bonds shall be allocated to
the municipally-owned water companies grant program under subdivision (1) of this
subsection, not more than two million dollars of the proceeds of such bonds shall be
allocated for the treatment of contaminated water supply wells which are owned, maintained, operated, managed, controlled or employed by a water company under subdivision (2) of this subsection, and not more than seven hundred thousand dollars of the
proceeds of such bonds shall be allocated to the investor-owned emergency assistance
grant program under subdivision (3) of this subsection.
(b) All provisions of section 3-20 or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of this section and sections 12-75, 12-76 and 25-33b are hereby adopted and shall apply to all bonds authorized by the
State Bond Commission pursuant to this section, and temporary notes in anticipation
of the money to be derived from the sale of any such bonds so authorized may be issued
in accordance with said section 3-20 and from time to time renewed. Such bonds shall
mature at such time or times not exceeding twenty years from their respective dates
as may be provided in or pursuant to the resolution or resolutions of the State Bond
Commission authorizing such bonds. None of said bonds shall be authorized except
upon a finding by the State Bond Commission that there has been filed with it a request
for such authorization, which is signed by or on behalf of the Commissioner of Economic
and Community Development and states such terms and conditions as said commission,
in its discretion, may require. Said bonds issued pursuant to this section shall be general
obligations of the state and the full faith and credit of the state of Connecticut are pledged
for the payment of the principal of and interest on said bonds as the same become due,
and accordingly and as part of the contract of the state with the holders of said bonds,
appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same
become due.
(c) Each grant made pursuant to subsection (a) of this section shall be authorized
by the Connecticut Development Authority or, if the authority so determines, by a committee of the authority consisting of the chairman and either one other member of the
authority or its executive director. The Connecticut Development Authority shall charge
reasonable application and other fees to be applied to the administrative expenses incurred in carrying out the provisions of this section, to the extent such expenses are not
paid by the authority or from moneys appropriated to the department. Each such payment
shall be made by the Treasurer upon certification by the Commissioner of Economic
and Community Development that the payment is authorized under the provisions of
this section under the applicable rules and regulations of the department, and under the
terms and conditions established by the authority or the duly appointed committee
thereof in authorizing the making of the grant.
(P.A. 78-273, S. 3, 5; 78-303, S. 85, 136; P.A. 80-451, S. 1, 2; P.A. 81-370, S. 7, 13; P.A. 82-136, S. 1, 2; P.A. 83-522,
S. 1, 2; June Sp. Sess. P.A. 83-33, S. 16, 17; P.A. 84-349, S. 1, 2; P.A. 85-407, S. 4, 9; 85-483, S. 1, 2; P.A. 86-403, S. 59,
132; P.A. 87-416, S. 15, 24; P.A. 88-265, S. 30, 36; P.A. 89-119, S. 1, 4; P.A. 90-297, S. 15, 24; P.A. 93-381, S. 9, 39;
P.A. 95-250, S. 1; P.A. 95-257, S. 12, 21, 58; P.A. 96-211, S. 1, 5, 6; P.A. 98-259, S. 12, 17.)
History: P.A. 78-273 effective June 1, 1978, and applicable to the 1978 assessment list in any town; P.A. 78-303
authorized editorial changes to conform section to amendments enacted by P.A. 77-614; P.A. 80-451 amended Subsec.
(a) to specify lower size limit of companies in Subdiv. (1), to clarify use of funds for drinking water facilities, to specify
what constitutes planning costs, to limit amounts to be used for investor-owned and municipal companies and to set interest
rate and added Subsecs. (c) and (d); P.A. 81-370 increased the aggregate of bonds the bond commission may authorize
for purposes of this section from seven million to nine million dollars, increasing authorization for municipally-owned
water companies grant program by two million dollars; P.A. 82-136 amended Subsec. (a) to expand facilities eligible for
loans to include those required by a department of health services order deeming water supplied to be inadequate; P.A.
83-522 amended Subsec. (a) to provide that (1) bond proceeds may also be used for such loans to municipally-owned water
companies, (2) grants to municipally-owned companies may be made for design or modification in addition to planning
or construction as previously allowed, (3) the amount of any such loan or grant may not exceed one hundred thousand
dollars or thirty per cent of the cost of the project, whichever is greater and (4) no loan or grant may be made under this
section after June 30, 1984; June Sp. Sess. P.A. 83-33 removed loans from ceiling amount imposed by P.A. 83-522; P.A.
84-349 deleted provision terminating the program on June 30, 1984; P.A. 85-407 increased bond limit from nine million
to eleven million dollars to provide for grants to water companies for treatment of contaminated water supply wells; P.A.
85-483 increased bond limit by additional seven hundred thousand dollars, to provide for water supply emergency assistance
grants to investor-owned water companies; P.A. 86-403 made technical changes in Subsec. (a); P.A. 87-416 provided that
the interest rates on loans would be determined in accordance with Subsec. (t) of Sec. 3-20; P.A. 88-265 reduced the bond
limit in Subsec. (a) from eleven million to six million dollars and eliminated provisions re state loans for drinking water
facilities; P.A. 89-119 made technical change to Subsec. (c); P.A. 90-297 decreased the bond authorization from six million
seven hundred thousand dollars to four million one hundred ninety thousand five hundred eighty-four dollars (Revisor's
note: The Subdiv. (1) indicator in Subsec. (a) was restored editorially by the Revisors since it had been inadvertently
deleted by public act 88-265); P.A. 93-381 replaced department and commissioner of health services with department and
commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-250 and P.A. 96-211 replaced
Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-259 amended Subsec. (a) to decrease
authorization from $4,190,584 to $4,151,599, effective July 1, 1998.
Sec. 25-33b. Regulations re loans and grants to water companies. The Commissioner of Economic and Community Development shall adopt regulations in accordance
with chapter 54 which specify the terms and conditions of low-interest loans and grants
to water companies and any additional requirements necessary to carry out the purposes
of section 12-76.
(P.A. 78-273, S. 4, 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 78-273 effective June 1, 1978, and applicable to the 1978 assessment list in any town; P.A. 95-250 and
P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of
Economic and Community Development.
Sec. 25-33c. Legislative finding. The General Assembly finds that an adequate
supply of potable water for domestic, commercial and industrial use is vital to the health
and well-being of the people of the state. Readily available water for use in public water
systems is limited and should be developed with a minimum of loss and waste. In order
to maximize efficient and effective development of the state's public water supply systems and to promote public health, safety and welfare, the Department of Public Health
shall administer a procedure to coordinate the planning of public water supply systems.
(P.A. 85-535, S. 1, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33d. Definitions. As used in sections 25-33c to 25-33j, inclusive:
(a) "Public water system" means any private, municipal or regional utility supplying
water to fifteen or more service connections or twenty-five or more persons;
(b) "Public water supply management area" means a region determined by the Commissioner of Public Health to have similar water supply problems and characteristics;
(c) "Exclusive service area" means an area where public water is supplied by one
system;
(d) "Commissioner" means the Commissioner of Public Health;
(e) "Satellite management" means management of a public water supply system by
another water company;
(f) "Coordinated water system plan" means (1) the individual water system plans
of each public water system within a public water supply management area, filed pursuant to section 25-32d, and (2) an area-wide supplement to such plans developed pursuant
to section 25-33h which addresses water system concerns pertaining to the public water
supply management area as a whole.
(P.A. 85-535, S. 2, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33e. Delineation of public water supply management areas. (a) Not
more than six months after July 1, 1985, the Commissioner of Public Health, in consultation with the Department of Public Utility Control, the Commissioner of Environmental
Protection and the Secretary of the Office of Policy and Management, shall delineate
the preliminary boundaries of public water supply management areas and establish preliminary priorities for initiation in such areas of the planning process established in
sections 25-33f to 25-33h, inclusive. Not more than one year after July 1, 1985, the
commissioner, after a hearing, shall delineate the final boundaries of such areas. In
making such delineation, the commissioner shall consider the following: (1) The similarity of water supply problems among water companies operating in the preliminary management area; (2) population density and distribution in the area; (3) the location of
existing sources of public water supply, service areas or franchise areas; (4) existing
interconnections between public water systems; (5) municipal and regional planning
agency boundaries; (6) natural drainage basins; (7) topographic and geologic characteristics; and (8) any other factor he deems relevant.
(b) Not more than one year after July 1, 1985, the commissioner, after hearing, shall
establish the final priorities for initiation of the planning process. In establishing such
priorities the commissioner shall consider the existence and severity of the following
in each management area: (1) Uncoordinated planning, (2) inadequate water supply, (3)
unreliable water service, and (4) any other factor he deems relevant.
(P.A. 85-535, S. 3, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33f. Water utility coordinating committees. Membership. (a) The
Commissioner of Public Health, following the final priorities established pursuant to
section 25-33e, shall convene a water utility coordinating committee for each public
water supply management area to implement the planning process established by this
section and sections 25-33g and 25-33h.
(b) A water utility coordinating committee shall consist of one representative from
each public water system with a source of water supply or a service area within the
public water supply management area and one representative from each regional planning agency within such area, elected by majority vote of the chief elected officials of
the municipalities that are members of such regional planning agency. Each committee
shall elect a chairman, adopt and amend, as required, a work plan and schedule for a
coordinated plan and adopt rules, including, but not limited to, rules for publication of
meeting times and agendas, and for public comment, including notice of a comment
period and documentation of responses to comments.
(P.A. 85-535, S. 4, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33g. Assessment of water supply conditions and problems. Exclusive
service area boundaries. (a) Each water utility coordinating committee, in consultation
with the Commissioners of Public Health and Environmental Protection, the Secretary
of the Office of Policy and Management and the Department of Public Utility Control,
shall develop a preliminary assessment of water supply conditions and problems within
the public water supply management area. The committee shall solicit comments on the
preliminary assessment from municipalities, regional planning agencies, state agencies
and other interested parties and respond to any comment received. The committee shall
thereafter prepare a final assessment.
(b) The committee shall establish preliminary exclusive service area boundaries,
based on the final assessment, for each public water system within the management
area, and may change such boundaries. In establishing exclusive service area boundaries
the committee shall solicit comments on such boundaries from municipalities, regional
planning agencies, the Commissioners of Environmental Protection and Public Health,
the Department of Public Utility Control, the Secretary of the Office of Policy and
Management and other interested persons within the management area and respond to
any comment received. If there is no agreement by the committee on such boundaries,
or on a change to such boundaries, the committee shall consult with the Department of
Public Utility Control. If there is no agreement by the committee after such consultation,
the Commissioner of Public Health shall establish or may change such exclusive service
area boundaries taking into consideration any water company rights established by statute, special act or administrative decisions. In establishing such boundaries the commissioner shall maintain existing service areas and consider the orderly and efficient development of public water supplies. In considering any change to exclusive service area
boundaries, the commissioner shall maintain existing service areas, consider established
exclusive service areas, and consider the orderly and efficient development of public
water supplies.
(P.A. 85-535, S. 5, 13; P.A. 86-403, S. 60, 132; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 02-139, S. 1.)
History: P.A. 86-403 made technical change in Subsec. (a); P.A. 93-381 replaced commissioner of health services with
commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and
Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July
1, 1995; P.A. 02-139 amended Subsec. (b) by adding provisions re authority of committee and commissioner to change
exclusive service area boundries.
Sec. 25-33h. Coordinated water system plan. Regulations. (a) Each water utility
coordinating committee shall prepare a coordinated water system plan in the public
water supply management area. Such plan shall be submitted to the Commissioner of
Public Health for his approval not more than two years after the first meeting of the
committee. The plan shall promote cooperation among public water systems and include, but not be limited to, provisions for (1) integration of public water systems,
consistent with the protection and enhancement of public health and well-being; (2)
integration of water company plans; (3) exclusive service areas; (4) joint management or
ownership of services; (5) satellite management services; (6) interconnections between
public water systems; (7) integration of land use and water system plans; (8) minimum
design standards; (9) water conservation; (10) the impact on other uses of water resources; and (11) acquisition of land surrounding wells proposed to be located in stratified drifts.
(b) The plan shall be adopted in accordance with the provisions of this section.
The committee shall prepare a draft of the plan and solicit comments thereon from
the Commissioners of Public Health and Environmental Protection, the Department of
Public Utility Control, the Secretary of the Office of Policy and Management and any
municipality, regional planning agency or other interested party within the management
area. The municipalities and regional planning agencies shall comment on, but shall not
be limited to commenting on, the consistency of the plan with local and regional land
use plans and policies. The Department of Public Utility Control shall comment on, but
shall not be limited to commenting on, the cost-effectiveness of the plan. The Secretary
of the Office of Policy and Management shall comment on, but shall not be limited to
commenting on, the consistency of the plan with state policies. The Commissioner of
Environmental Protection shall comment on, but shall not be limited to commenting
on, the availability of water for any proposed diversion. The Commissioner of Public
Health shall comment on, but shall not be limited to commenting on, the availability of
pure and adequate water supplies, potential conflicts over the use of such supplies, and
consistency with the goals of sections 25-33c to 25-33j, inclusive.
(c) The Commissioner of Public Health shall adopt regulations in accordance with
the provisions of chapter 54 establishing the contents of a plan and a procedure for
approval or amendment to the plan.
(P.A. 85-535, S. 6, 13; P.A. 89-305, S. 24, 32; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 97-84; P.A. 02-139, S. 2.)
History: P.A. 89-305 amended Subsec. (a) by adding Subdiv. (10), concerning acquisition of land surrounding wells
proposed to be located in stratified drifts, as component of plan; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 97-84 amended Subsec. (a) to insert new Subdiv. (9) re water conservation, renumbering remaining
Subdivs. accordingly; P.A. 02-139 amended Subsec. (c) by requiring the commissioner to adopt regulations re amendment
to the plan.
Sec. 25-33i. Consistency with plan. Restriction on approval of public water
supply system. (a) Any permit issued by the Commissioner of Public Health pursuant
to this chapter shall, to the extent feasible, be consistent with any coordinated plan
adopted pursuant to section 25-33h.
(b) No public water supply system may be approved within a public water supply
management area after the Commissioner of Public Health has convened a water utility
coordinating committee unless (1) an existing public water supply system is unable to
provide water service or (2) the committee recommends such approval.
(P.A. 85-535, S. 7, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33j. Contract for services to water utility coordinating committee. The
Commissioner of Public Health may enter into contracts with consultants to provide
services to water utility coordinating committees. The amount of any contract shall not
exceed two hundred thousand dollars. Any appropriation made to the Department of
Public Health for the purposes of this section shall not lapse until The Department
of Public Health has completed the planning process for a water utility coordinating
committee.
(P.A. 85-535, S. 8, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-89.)
History: P.A. 93-381 replaced department and commissioner of health services with department and commissioner of
public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public
Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-89
changed "one contract per year with a consultant" to "contracts with consultants", changed "coordinating committee" to
"coordinating committees", changed the dollar limit from one to two hundred dollars, and changed the lapse date from
June 30 of the second year following the appropriations to when the department has completed the planning process.
Sec. 25-33k. Abandonment of source of water supply. Definition. Application
and notification to municipalities. Basis for commissioner's decision. (a) For purposes of this section, "safe yield" means the maximum dependable quantity of water
per unit of time that may flow or be pumped continuously from a source of supply during
a critical dry period without consideration of available water limitations.
(b) No source of water supply shall be abandoned by a water company or other
entity without a permit from the Commissioner of Public Health. A water company or
other entity shall apply for such permit in the manner prescribed by the commissioner.
Not later than thirty days before filing an application for such permit, the applicant shall
notify the chief elected official of any municipality in which such source of supply is
located. Not later than sixty days after receipt of such notification the municipality or
municipalities receiving such notice and any water company as defined in section 25-32a may submit comments on such application to the commissioner. The commissioner
shall take such comments into consideration when reviewing the application.
(c) (1) In the commissioner's decision, the commissioner shall consider the water
supply needs of the water company, the state and any comments submitted pursuant to
subsection (b) of this section, and shall consult with the Commissioner of Environmental
Protection, the Secretary of the Office of Policy and Management and the Department
of Public Utility Control.
(2) The Commissioner of Public Health shall grant a permit upon a finding that any
groundwater source with a safe yield of less than 0.75 millions of gallons per day, any
reservoir with a safe yield of less than 0.75 millions of gallons per day, any reservoir
system with a safe yield of less than 0.75 millions of gallons per day, or any individual
source within a reservoir system when such system has a safe yield of less than 0.75
millions of gallons per day will not be needed by such water company for present or
future water supply and, in the case of a water company required to file a water supply
plan under section 25-32d, that such abandonment is consistent with a water supply
plan filed and approved pursuant to said section. No permit shall be granted if the commissioner determines that the source would be necessary for water supply by the company owning such source in an emergency or the proposed abandonment would impair
the ability of such company to provide a pure, adequate and reliable water supply for
present and projected future customers. As used in this section, a future source of water
supply shall be considered to be any source of water supply necessary to serve areas
reasonably expected to require service by the water company owning such source for
a period of not more than fifty years after the date of the application for a permit under
this section.
(3) The Commissioner of Public Health shall grant a permit upon a finding that any
groundwater source with a safe yield of more than 0.75 millions of gallons per day, any
reservoir with a safe yield of more than 0.75 millions of gallons per day, any reservoir
system with a safe yield of more than 0.75 millions of gallons per day, or any individual
source within a reservoir system when such system has a safe yield of more than 0.75
millions of gallons per day is of a size or condition that makes it unsuitable for present
or future use as a drinking water supply by the water company, other entity or the state.
In making a decision, the commissioner shall consider the general utility of the source
and the viability for use to meet water supply needs. The commissioner shall consider
any public water supply plans filed and approved pursuant to sections 25-32d and 25-33h, and any other water system plan approved by the commissioner, and the efficient
and effective development of public water supply in the state. In assessing the general
utility of the source, the commissioner shall consider factors including, but not limited
to, (1) the safe yield of the source, (2) the location of the source relative to other public
water supply systems, (3) the water quality of the source and the potential for treatment,
(4) water quality compatibility between systems and interconnections, (5) extent of
water company-owned lands for source protection of the supply, (6) types of land uses
and land use controls in the aquifer protection area or watershed and their potential
impact on water quality of the source, and (7) physical limitations to water service,
system hydraulics and topography.
(P.A. 85-336, S. 2, 6; P.A. 93-381, S. 9. 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-157, S. 12, 15; May Sp. Sess. P.A. 04-2, S. 44.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-157 added provision requiring consideration of potential impairment of present and future water supply for granting permit to abandon a source,
effective July 1, 1998; May Sp. Sess. P.A. 04-2 divided existing provisions into Subsecs. (b), (c)(1) and (c)(2), added
Subsec. (a) defining "safe yield", added provisions in Subsec. (b) re procedure for permit and notification to municipality,
amended Subsec. (c)(1) by adding requirement for commissioner to consider water supply needs of state and comments
received from municipalities, amended Subsec. (c)(2) to provide basis for commissioner's decision on application for
abandonment of smaller sources of water supply, added Subsec. (c)(3) re basis for commissioner's decision on application
for abandonment of larger sources of water supply, and made conforming and technical changes.
Sec. 25-33l. Sale of source, potential source or abandoned source of water supply. (a) Whenever any water company intends to sell a source, potential source or abandoned source of water supply, it shall notify the Commissioner of Public Health. The
commissioner shall order such company to notify, in writing, by certified mail, return
receipt requested, other water companies that may reasonably be expected to utilize the
source, potential source or abandoned source of its intention and the price at which it
intends to sell such source. The commissioner shall determine the water companies that
shall receive notice after consideration of public water supply plans filed and approved
pursuant to section 25-32d and any other water system plan approved by the commissioner. No agreement to sell such source may be entered into by the water company
except as hereinafter provided.
(b) Within ninety days after notice has been mailed pursuant to subsection (a) of
this section, a water company receiving notice of the sale pursuant to said subsection
shall give notice to the water company selling the source, potential source or abandoned
source of water supply by certified mail, return receipt requested, of a desire to acquire
such source and such water company shall have the right to acquire the interest in such
source for water supply purposes. If two or more water companies seek to acquire such
source, potential source or abandoned source at the price at which it is offered, the
Commissioner of Public Health shall hold a hearing to determine which company shall
be allowed to acquire such source. In making his determination, the commissioner shall
consider any public water supply plans filed and approved pursuant to section 25-32d,
any other water system plans approved by the commissioner, the needs of each company
and the efficient and effective development of public water supply in the state. The
decision of the commi