1.
a.A petition may at any time be filed with the auditor requesting the supervisors to
incorporate and organize a district encompassing an area, not then included in any other
district, in a county or in two or more adjacent counties for the purpose of providing an
adequate supply of water for residents of the area who are not served by the water mains of
any city water system.
b.There shall be filed with the petition a bond with sureties approved by the auditor, or
a certified check, credit union certified share draft or cash in an amount sufficient for the
payment of all costs and expenses incurred in the proceedings if the district is not finally
established.
§357A.2, RURAL WATER SERVICE PROVIDERS 2
2.The petition shall be signed by the owners of at least thirty percent of all real
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1. a. A petition may at any time be filed with the auditor requesting the supervisors to
incorporate and organize a district encompassing an area, not then included in any other
district, in a county or in two or more adjacent counties for the purpose of providing an
adequate supply of water for residents of the area who are not served by the water mains of
any city water system.
b. There shall be filed with the petition a bond with sureties approved by the auditor, or
a certified check, credit union certified share draft or cash in an amount sufficient for the
payment of all costs and expenses incurred in the proceedings if the district is not finally
established.
§357A.2, RURAL WATER SERVICE PROVIDERS 2
2. The petition shall be signed by the owners of at least thirty percent of all real property
lyingwithintheoutsideperimeteroftheareadesignatedforinclusionintheproposeddistrict,
and shall state:
a. The location of the area, describing such area to be served or specifying the area by an
attached map.
b. The reasons a district is needed.
c. A new water service plan describing the cost feasibility and estimated construction
schedules.
3. Water services, other than water services provided as of April 1, 1987, shall not be
provided within two miles of the limits of a city by a rural water district incorporated under
this chapter except as provided in this section. Except as otherwise provided in this chapter,
a ruralwaterassociationshallnotprovidewaterserviceswithintwomilesof a city, otherthan
water services provided as of July 1, 2014.
4. a. A rural water district or rural water association may give notice of intent to provide
water service to a new area within two miles of a city by submitting a water plan to the city.
Thissubsectionshallnotapplyinthecaseofadistrictorassociationextendingservicetonew
customers or improving existing facilities within existing district or association service areas
or existing district or association agreements. If water service is provided by a city utility
established under chapter 388, the water plan shall be filed with the governing body of that
city utility. The district or association shall provide written notice pursuant to this subsection
by certified mail.
b. The water plan shall indicate the area within two miles of the city which the district or
association intends to serve within the next three years. Upon request, the city or city utility
shall provide a district or association with a map of the city limits that indicates areas that
are currently provided water service by a city utility or enterprise.
c. If the city fails to respond to the water plan within seventy-five days of receipt of the
plan, the district or association may provide service in the area designated in the plan. The
city may inform the district or association within seventy-five days of receipt of the plan
that the city requires additional time or information to study the question of providing water
serviceoutsidethelimitsofthecity. Ifadditionaltimeorinformationisrequired, thecityshall
respond to the plan by certified mail within one hundred sixty-five days of receipt of the plan.
d. (1) In responding to the plan, the city may affirmatively waive its right to provide water
service within the areas designated for water service by the rural water district, or the city
may reserve the right to provide water service in some or all of the areas which the district
or association intends to serve.
(2) (a) If the city reserves the right to provide water service, the city shall provide the
district or association with a copy of the city’s water plan relating to the city’s intent and
ability to provide water service to such an area.
(b) If the city reserves the right to provide water service within some or all of the areas
which the district or association intends to serve, the city shall provide service within three
years of receipt of the water plan submitted under paragraph “a”.
(c) If the city reserving the right to provide service fails to provide service within three
years of receipt of the water plan submitted under paragraph “a”, the city waives its right to
provide water service and shall provide notice to the district or association by certified mail
andthedistrictorassociationmayprovideservicewithintheareaofthewaterplansubmitted
under paragraph “a”. If the city fails to provide notice to the district or association, the
district or association may provide service in accordance with this paragraph “d”, regardless
of whether the district or association has received such notice.
(3) If the district or association fails to provide service within three years after a city
waives the right to provide water service under this paragraph “d”, the district or association
shall provide notice to the city by certified mail and the city may provide service within the
area of the water plan submitted under paragraph “a”. If the district or association fails to
provide notice to the city, the city may provide service in accordance with this paragraph “d”,
regardless of whether the city has received such notice.
(4) For purposes of this paragraph “d”, “provide water service” and “provide service”
mean to deliver water in sufficient quantity and quality to meet customer demand. The
3 RURAL WATER SERVICE PROVIDERS, §357A.6
department of natural resources shall determine whether such service meets customer
demand, as provided under section 455B.174.
5. This section does not preclude a city from providing water service in an area which is
annexed by the city pursuant to section 357A.21.