History: P.A. 75-486 replaced public utilities commission with public utilities control authority, added exception to
allow twenty thousand dollar maximum fine for failure to comply within time limit with orders under Sec. 16-19 and
excluded penalties and interest from consideration as operating expenses; P.A. 77-614 replaced the authority with division
of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division
of public utility control an independent department and deleted reference to abolished department of business regulation;
P.A. 81-297 added Subsecs. (b) to (e) authorizing department to impose civil penalties and setting forth procedure for such
penalties; Nov. Sp. Sess. P.A. 81-8 changed reference in Subsec. (a) from Subsec. (b) to Subsec. (g) of Sec. 16-49 to
conform to amendment of said section in the same act; P.A. 85-552 made technical change in Subsec. (a), substituting
reference to Sec. 16-49(f) for reference to Sec. 16-49(g); P.A. 87-71 amended Subsec. (a) to include persons, public agencies
and public utilities subject to the requirements of chapter 293; P.A. 88-230 replaced "judicial district of Hartford-New
Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317 amended reference to Secs. 4-177
to 4-184 in Subsec. (d) to include new sections added to Ch. 54, effective July 1, 1989, and applicable to all agency
proceedings commencing on or after that date; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1,
1991, to September 1, 1993; P.A. 90-221 inserted new Subsec. (b) establishing a penalty for regional water authorities or
districts or municipalities which fail to file reports to the department and renumbered the remaining Subsecs; P.A. 93-142
changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; May
25 Sp. Sess. P.A. 94-1 made technical change, effective July 1, 1994; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-28 amended Subsec. (a) by adding
electric suppliers, persons providing electric generation services without a license and their officers, agents and employees,
effective July 1, 1998; P.A. 99-105 amended Subsec. (a) to apply provisions to companies, as defined in Sec. 16-49, to
add reference to Subsec. (h) of Sec. 16-49 and to make technical changes, effective July 1, 1999; P.A. 99-222 amended
Subsec. (a) by adding reference to certified telecommunications provider or person providing telecommunications services
without authorization and its officers, agents and employees, by changing to ten thousand dollars the maximum penalty
for violating a provision of title 16 if no other penalty is prescribed, by changing to forty thousand dollars the maximum
penalty for failure to comply with order made in accordance with Sec. 16-19, by adding reference to Sec. 16-247k and by
making technical changes, effective June 29, 1999 (Revisor's note: In codifying and merging the provisions of P.A. 99-105 and P.A. 99-222 the Revisors inserted "(3)" before and a comma after new language re certified telecommunications
providers, deleted the word "each" from before the word "certified" and inserted the word "and" before the words "its
officers, agents and employees"); P.A. 00-91 amended Subsec. (a) by inserting new Subdiv. (5) re persons subject to
registration requirements under Sec. 16-258a and redesignating former Subdiv. (5) as Subdiv. (6); P.A. 05-241 amended
Subsec. (a) to add new Subdiv. (6) re cellular mobile telephone carriers, redesignate existing Subdiv. (6) as Subdiv. (7)
and add reference to cellular mobile telephone carrier therein, effective July 8, 2005.
Sec. 16-43. Merger or sale of public service companies. Issuance and approval
of securities. Net proceeds from sale of water company land. Allocation of economic
benefits of sale of water company land. (a) A public service company shall obtain the
approval of the Department of Public Utility Control to directly or indirectly (1) merge,
consolidate or make common stock with any other company, or (2) sell, lease, assign,
mortgage, except by supplemental indenture in accord with the terms of a mortgage
outstanding May 29, 1935, or otherwise dispose of any essential part of its franchise,
plant, equipment or other property necessary or useful in the performance of its duty to
the public. Any such disposition of an essential part of such other real property of a
public service company shall be by public auction or other procedure for public sale,
provided such auction or public sale shall be conducted upon notice of auction or sale
published at least once each week for two weeks preceding the date of such auction or
sale in a newspaper having a substantial circulation in the county in which such property
is located. The public service company shall submit evidence to the department of the
notice given. On a showing of good cause by such company to use a means of disposal
other than by public auction or other procedure for public sale, the department may, on
a finding of such good cause, authorize the use of an alternative sales process. A public
service company other than a water company may sell, lease, assign, mortgage or otherwise dispose of improved real property with an appraised value of two hundred fifty
thousand dollars or less or unimproved real property with an appraised value of fifty
thousand dollars or less without such approval. The department shall follow the procedures in section 16-50c for transactions involving unimproved land owned by a public
service company other than a water company. A water company supplying water to more
than five hundred consumers may sell, lease, assign, mortgage, or otherwise dispose of
real property, other than public watershed or water supply lands, with an appraised value
of fifty thousand dollars or less without such approval. The department shall not accept
an application to sell watershed or water supply lands until the Commissioner of Public
Health issues a permit pursuant to section 25-32. The condemnation by a state department, institution or agency of any land owned by a public service company shall be
subject to the provisions of this subsection. On February 1, 1996, and annually thereafter,
each public service company shall submit a report to the Department of Public Utility
Control of all real property sold, leased, assigned, mortgaged, or otherwise disposed of
without the approval of said department during the previous calendar year. Such report
shall include for each transaction involving such property, without limitation, the appraised value of the real property, the actual value of the transaction and the accounting
journal entry which recorded the transaction.
(b) A public service company shall obtain the approval of the Department of Public
Utility Control to (1) issue any notes, bonds or other evidences of indebtedness or securities of any nature, (2) lend or borrow any moneys for a period of more than one year
for any purpose other than paying the expenses, including taxes, of conducting its business or for the payment of dividends, or (3) amend any provision of an indenture or
similar financial instrument if such amendment would affect the issuance or terms of
any such notes, bonds or other evidences of indebtedness or securities. The department
shall approve or disapprove each such issue or amendment within thirty days after the
filing of a written application for such approval unless the applicant agrees to an extension of time. If not disapproved within said thirty days or within such extension, such
issue shall be deemed to be approved. The department shall not require a company to
issue its common stock under terms or conditions not required by the general statutes.
The provisions of this subsection shall apply to a community antenna television company
only with regard to any noncable communications services which the company may
provide.
(c) Any managerial service contract made by a public service company shall be
voidable on order of the department, but may be enforced as between the parties unless
disapproved.
(d) Any water company selling land that at any time has been in the water company's
rate base shall use the net proceeds from the sale of such land for capital projects which
improve or protect the water supply system or for the acquisition of a water supply
source or land to protect a water supply source. In the case of a water company required
to file a water supply plan pursuant to section 25-32d, the capital projects or acquisition
shall be consistent with such plan.
(e) For the purposes of rate making, the department shall use an accounting method
for allocating the economic benefits of sales of land by a water company, as defined in
section 16-1, that at any time has been in the water company's rate base that equitably
allocates all of the economic benefits of any such sale between the ratepayers and the
shareholders of the company based on the facts of each application for sale, except as
follows:
(1) For any sale of land where the property is not more than ten acres and has not
been taxed under the provisions of sections 12-107c to 12-107e, inclusive, during the
previous ten years, the department shall equitably allocate all of the economic benefits
of any such sale between the ratepayers and the shareholders of the company. Any such
allocation shall be based on the facts of each application for sale and the department
may allocate all of the economic benefits of any such sale to either the ratepayers or the
shareholders.
(2) For a sale of class I or class II land to another water company for water supply
purposes or to the state, a municipality, or a land conservation organization, which land
has a permanent conservation easement in accordance with section 25-32, the department shall equitably allocate, in a contested case proceeding, all of the economic benefits
of any such sale between the ratepayers and the shareholders of the company.
(3) For the sale of land for an educational use, as defined in section 16-43b, the
department shall allocate the economic benefits of any such sale in accordance with
past practices for nonopen space transactions pursuant to subsection (a) of this section.
(4) For the sale of class III land where the property is more than ten acres and
promotes a perpetual public interest in the use of land for open space or recreation
purposes, as defined in section 16-43b, the department shall allocate the benefits in
accordance with the following:
(A) If twenty-five per cent of the land or less is to be used for open space or recreational purposes, the department shall allocate one hundred per cent of the benefits to
the ratepayers;
(B) If more than twenty-five per cent but less than eighty per cent of the land is to
be used for open space or recreational purposes, the department shall calculate the benefit
allocated to a water company's shareholders by multiplying by a factor of eighty per
cent of the portion of class III land in the transaction that is reserved for open space;
(C) If eighty per cent or more but less than ninety per cent of the area of such land
is to be used for open space or recreational purposes, the department shall allocate the
benefits of such sale in favor of a water company's shareholders in an amount that is
proportionate to the percentage of class III land in such sale that is to be used for open
space or recreational purposes;
(D) If not less than ninety per cent of the area of such land is to be used for open
space or recreational purposes, the department shall allocate one hundred per cent of
the benefits to the shareholders.
(f) For the sale of class III land by a water company that at any time has been in the
water company's rate base and that is to be used for open space or recreational purposes,
the water company shall file with the department a certified copy of a conservation
easement that is recorded on the land records for the portion of class III land preserved
as open space. Such conservation easement shall state that the land subject to such
easement shall be permanently dedicated for land uses such as public parks or forests
or natural areas, including, but not limited to, reservoirs and water company land. Such
land shall be preserved predominantly in its natural scenic and open space condition
that may allow for camping, hiking, forestry, fishing, wildlife or natural resource conservation, which easement shall prohibit all other building or development except as may
be required for source protection and to meet water quality standards, if used as a public
water supply.
(1949 Rev., S. 5433; 1969, P.A. 644, S. 3; P.A. 74-303, S. 2; P.A. 75-486, S. 1, 69; P.A. 77-614, S. 162, 323, 610; P.A.
80-156; 80-482, S. 75, 348; P.A. 82-252, S. 3; P.A. 85-509, S. 5, 11; P.A. 88-354, S. 3, 11; P.A. 89-301, S. 6; P.A. 90-221, S. 10; P.A. 93-381, S. 9, 39; P.A. 95-48, S. 1; 95-211, S. 4; 95-257, S. 12, 21, 58; P.A. 98-157, S. 9, 15; P.A. 01-49,
S. 5; P.A. 03-163, S. 1; P.A. 04-200, S. 1; P.A. 05-288, S. 216; June Sp. Sess. P.A. 05-1, S. 36.)
History: 1969 act added proviso in Subdiv. (2) re bonds etc. for construction of power plants on islands in Long Island
Sound prior to July 1, 1971; P.A. 74-303 required health commissioner's approval before commission approves sale of
watershed or water supply lands by water companies; P.A. 75-486 replaced public utilities commission with public utilities
control authority; P.A. 77-614 replaced public utilities control authority with division of public utility control within the
department of business regulation and commissioner of health with commissioner of health services, effective January 1,
1979; P.A. 80-156 allowed extensions of time for approval or disapproval; P.A. 80-482 made division of public utility
control an independent department and deleted reference to abolished department of business regulation; P.A. 82-252
required department approval for state condemnation of public service company land and amendment by any such company
of indenture or similar financial instrument which affects notes, bonds or other evidences of indebtedness or securities,
deleted obsolete provision exempting railroad companies' securities which are subject to Interstate Commerce Commission
jurisdiction from provisions of section and divided section into two subsections; P.A. 85-509 provided that, on and after
December 30, 1986, the provisions of Subdiv. (2) of Subsec. (a) shall apply to a community antenna television company
only with regard to noncable communications services; P.A. 88-354 amended Subsec. (a) by adding provision requiring
that a permit be issued under Sec. 25-32 prior to acceptance of an application by the department and added new Subsec.
(c) re the use by a water company of the net proceeds from the sale of water company land, and Subsec. (d) re an accounting
method for the net proceeds of class III water company land; P.A. 89-301 amended Subsec. (c) by adding provision applying
section to land that has ever been in the rate base; P.A. 90-221 added provision in Subsec. (d) concerning the allocation
of economic benefits gained from the sale of water company land for open space or recreational purposes; P.A. 93-381
replaced commissioner of health services with commissioner of public health and addiction services, effective July 1,
1993; P.A. 95-48 divided Subsec. (a) into Subsecs. (a) and (b), relettered Subsecs. (b) to (d) as (c) to (e), amended Subsec.
(a) by adding Subdiv. indicators and Subparas. (A) and (B) re property with appraised value of $50,000 or less and reporting
requirement, amended Subsec. (b) by dividing Subsec. into Subdivs., deleting provision re constructing generating facility
in Long Island Sound and adding provision re applicability to community antenna television companies, and made technical
changes; P.A. 95-211 replaced reference to class III land with reference to land for which the commissioner has issued a
permit; 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 amended Subsec. (e) to modify the method of
apportioning economic benefits of land sales, effective July 1, 1998; P.A. 01-49 amended Subsec. (a) to make a technical
change; P.A. 03-163 amended Subsec. (a) to change the appraised value amount for a public service company other than
a water company from fifty thousand dollars or less to two hundred fifty thousand dollars or less for improved real property
and fifty thousand dollars or less for unimproved real property, to require that the department follow procedures in Sec.
16-50c for transactions involving unimproved land owned by public service companies other than water companies, and
to make technical changes; P.A. 04-200 amended Subsec. (d) to authorize purchase of water supply source, amended
Subsec. (e) to revise the method of allocating the net proceeds from the sale of water company land by adding provisions
re allocation of economic benefits between ratepayers and shareholders, by adding Subdiv. (1) re property not more than
ten acres and not taxed under certain provisions, Subdiv. (2) re class I or II land, Subdiv. (3) re land for an educational
use, and Subdiv. (4) re tiered approach for class III land, and by making conforming changes, and added Subsec. (f) re the
filing of a certified copy of a conservation easement for the sale of class III land for use as open space, effective June 3,
2004; P.A. 05-288 made a technical change in Subsec. (e)(4)(B), effective July 13, 2005; June Sp. Sess. P.A. 05-1 amended
Subsec. (a) to require a public sale or an approved alternate sales process for the disposition of an essential part of real
property, effective July 1, 2005.
Sec. 16-43c. Sale of water company land to certain municipal corporations for
construction of a school. Notwithstanding the provisions of this chapter or section 12-217dd, any land acquired from a water company, as defined in section 16-1, by a municipal corporation for the purposes of construction of a school and related facilities in a
town with a population between eleven thousand six hundred and eleven thousand nine
hundred, as enumerated by the 2000 federal decennial census, shall be treated as open
space for purposes of establishing the right to acquire, ratemaking and taxes.
(P.A. 04-156, S. 1; P.A. 05-288, S. 217.)
History: P.A. 04-156 effective June 1, 2004; P.A. 05-288 made technical changes, effective July 13, 2005.
Sec. 16-50d. Action to acquire property. (a) Within one hundred eighty days
after approval by the Department of Public Utility Control of the sale, lease or other
disposition of land owned by a public service company, except a water company, the
recipient of a notice provided pursuant to subsection (a) of section 16-50c may give
written notice to the department and to the public service company by certified mail,
return receipt requested, of a desire to acquire such land and each shall have the right
to acquire the interest in the land which the public service company has declared its
intent to sell, lease or otherwise dispose of, provided (1) the state's right to acquire the
land shall be secondary to that of the municipality, and (2) the recipient has not waived
its right to acquire such land as set forth in subsection (b) of this section. In the case of
the sale, lease or other disposition of land owned by a water company, within one hundred
days after approval by the Department of Public Utility Control, the recipient of a notice
provided pursuant to subdivision (1) of subsection (b) of section 16-50c or any nonprofit
land-holding organization which has identified itself as a potential acquirer pursuant
to subdivision (2) of subsection (b) of section 16-50c may give written notice to the
department and to the water company by certified mail, return receipt requested, of a
desire to acquire the interest in the land which the water company has declared its intent
to sell, lease or otherwise dispose of, provided the recipient has not waived its right to
acquire such land as set forth in subsection (b) of this section.
(b) If the recipients of a notice provided pursuant to subsection (a) or (b) of section
16-50c, or any nonprofit land-holding organization identified as a potential acquirer
pursuant to subsection (b) of section 16-50c, fails to give notice, as provided in subsection (a) or (d) of this section, or give notice to the department and to the public service
company or water company by certified mail, return receipt requested, of a desire not
to acquire such land, or if a nonprofit land-holding organization fails to identify itself
as a potential acquirer pursuant to subsection (b) of section 16-50c, the right to acquire
such land in accordance with the terms of sections 16-50b to 16-50e, inclusive, shall
have been waived by such recipient or nonprofit land-holding organization.
(c) The written notice given by a municipality, the state, a water company or a
nonprofit land-holding organization pursuant to subsection (a) or (d) of this section
shall constitute acceptance of the terms, conditions and price set forth in the agreement
approved by the department in accordance with the provisions of subsection (a) of section 16-43 and section 16-50c. The municipality, state, water company or nonprofit
land-holding organization shall thereafter acquire the interest in land which the public
service company or water company has proposed to sell, lease or otherwise dispose of
within fifteen months after such written notice has been given.
(d) (1) Within one hundred eighty days after such approval by the Department of
Public Utility Control has been so given with respect to land owned by a public service
company other than a water company, a chief executive officer or officers or the Commissioner of Environmental Protection exercising their rights under subsection (a) of
this section may give written notice to the department and to the public service company
by certified mail, return receipt requested, of the municipality's or the state's intent to
acquire such land by eminent domain and each shall have the right to acquire the land
which the public service company has declared its intent to sell, lease or otherwise
dispose of, provided the municipality or the state has not waived its right to acquire
such land as set forth in subsection (b) of this section.
(2) Within one hundred days after such approval by the Department of Public Utility
Control has been so given with respect to land owned by a water company, a chief
executive officer or officers or the Commissioner of Environmental Protection exercising their rights under subsection (a) of this section may give written notice to the department and to the water company by certified mail, return receipt requested, of the municipality's or the state's intent to acquire such land by eminent domain and, subject to the
order of rights set forth in subsection (f) of this section to acquire water company land,
each shall have the right to acquire the land which the water company has declared its
intent to sell, lease or otherwise dispose of, provided the municipality or the state has
not waived its right to acquire such land as set forth in subsection (b) of this section.
(3) The procedure for acquiring the land pursuant to this subsection shall be as
follows: The Comptroller in the name of the state or the municipality shall proceed in
the same manner specified for redevelopment agencies in accordance with sections 8-128 to 8-133, inclusive, provided, if such land is subject to the provisions of section 25-32, such land shall not be sold or condemned as herein provided without the approval
of the Department of Public Health. The price, terms and conditions approved by the
department in accordance with the provisions of subsection (a) of section 16-43 and
section 16-50c shall apply to any such procedure and shall not be changed without the
approval of the department in accordance with the provisions of subsection (a) of section
16-43.
(e) In no case shall any such land be sold or transferred to a corporation, ten per
cent or more of the capital stock of which is owned or controlled by the stockholders
of the public service company or water company, for a consideration less than the fair
market value of the land. The provisions of this subsection shall not apply to transfers
of land between public service companies or water companies.
(f) When more than one person gives notice of a desire to acquire a water company
source or land, the right to acquire such source or land shall be in the following order:
(1) A water company, as defined in section 25-32a, for water supply purposes; (2) a
municipality in which the source or land is located for water supply, open space or
recreational purposes; (3) the state for open space or recreational purposes; (4) a private,
nonprofit land-holding organization for open space or recreational purposes; (5) a municipality for any public purpose, including, but not limited to, an educational use; and
(6) the state for any public purpose. Any such source or land acquired for open space
or recreational purposes shall have such restriction placed in the instrument intended
as a conveyance recorded in the land records in the town where the source or land is
situated. No source or land acquired pursuant to this section for open space or recreational purposes may be used for any other purpose unless the source or land has been
reoffered for open space or recreational purposes pursuant to the provisions of this
section and no notice of a desire to acquire such source or land has been given. The
department shall approve any such reoffering, provided there is compliance with this
section. In any decision pursuant to this subsection, the department shall act in concurrence with the Commissioner of Environmental Protection. Notwithstanding the provisions of subdivision (5) of this subsection, not more than fifteen per cent of the land
acquired pursuant to this section may be used by a municipality for a use other than
open space or recreational purposes without a reoffering. Any such other use shall be
subject to the provisions of section 7-131n. As used in this subsection, "open space or
recreational purposes" means use of lands for agriculture, parks, natural areas, forests,
camping, fishing, wetlands preservation, wildlife habitat, reservoirs, hunting, golfing,
boating, swimming and hiking, and "educational use" means the use by any town, city
or borough, whether consolidated or unconsolidated, and any school district or regional
school district, for the purposes of schools and related facilities.
(1967, P.A. 577, S. 3-6; 1972, P.A. 189, S. 3; June, 1972, P.A. 1, S. 21; P.A. 73-403; P.A. 74-256, S. 2-4; P.A. 75-405, S. 3-5; 75-486, S. 1, 69; P.A. 77-614, S. 162, 323, 610; P.A. 78-378, S. 3, 4, 6; P.A. 79-240; P.A. 80-482, S. 85, 348;
P.A. 87-70, S. 2-4; P.A. 88-354, S. 2; P.A. 89-301, S. 5, 7; P.A. 93-381, S. 9, 39; P.A. 95-48, S. 3; 95-118, S. 2; 95-257,
S. 12, 21, 58; P.A. 04-200, S. 5; P.A. 05-288, S. 218.)
History: 1972 acts added reference to notice by commissioner of environmental protection and provisions re state
acquisition of land, added Subsec. (e) and stated that Subsec. (e) is applicable to "matters currently pending before the
public utilities commission"; P.A. 73-403 changed required notice in Subsec. (a) from forty-five to sixty days, required
sale to take place within ninety, rather than sixty, days in Subsecs. (e) and (d) and made exemption in Subsec. (e) applicable
to transfers between any public service companies, not just those controlled by same holding company; P.A. 74-256 changed
notice requirement in Subsec. (a) to ninety days and amended Subsec. (c) to allow sale of land within ninety days after
commission approval of land disposition; P.A. 75-405 replaced "such notice" in Subsec. (a) referring to notice in Sec. 16-50c with "such approval by the public utilities commission" and required sale within eighteen months, rather than ninety
days in Subsec. (c), deleting alternate requirement re sale within ninety days of commission approval altogether and added
proviso re health department approval; P.A. 75-486 replaced public utilities commission with public utilities control
authority; P.A. 77-614 replaced authority with division of public utility control within the department of business regulation
and department of health with department of health services, effective January 1, 1979; P.A. 78-378 replaced Subsec. (c)
which had referred to procedure for acquiring land when price disputed with reworded provisions stating that approved
notice constitutes acceptance of terms, replaced Subsec. (d) which had required state or municipality to acquire land within
ninety days after it has expressed intent to do so with provisions re preferential acquisition rights and acquisition procedure
and deleted provisions in Subsec. (e) re offer of land or intent to sell land, after state or municipality fails to do so, upon
different terms; P.A. 79-240 amended Subsec. (d) to require health services department approval for condemnation of
land; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished
department of business regulation; P.A. 87-70 changed the required notice period in Subsecs. (a) and (d) from ninety days
to one hundred eighty days; P.A. 88-354 amended Subsec. (a) by adding specific provision re the sale, lease or other
disposition of water company land, amended Subsecs. (b) to (e), inclusive, with technical changes and added Subsec. (f)
regarding priorities for the acquisition of water company land; P.A. 89-301 amended Subsec. (b) by deleting incorrect
reference to Subsec. (b) in provision re manner of notice and amended Subsec. (f) by specifying in Subdiv. (2) that
municipality is the municipality in which the land is located; P.A. 93-381 replaced department of health services with
department of public health and addiction services, effective July 1, 1993; P.A. 95-48 amended Subsec. (c) by changing
"(1)" to "(a)" in reference to Subsec. of Sec. 16-43 and made technical changes; P.A. 95-118 added provisions re waiving
right to acquire land and organization identifying itself as potential acquirer, substituted "the recipient of a notice provided
pursuant to subsection (a) of section 16-50c" for "such chief executive officers or the Commissioner of Environmental
Protection" in Subsec. (a), in Subsec. (c) changed Subsec. reference from (b) to (d), divided Subsec. (d) into Subdivs.,
separated provision re water company land, and added provision re price, terms and conditions approved by the department;
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. 04-200 amended Subsec. (f) to apply to water company "source",
to add "water supply" in Subdiv. (2), to add "educational use" in Subdiv. (5), and to define "educational use", effective
June 3, 2004; P.A. 05-288 made technical changes in Subsec. (f), effective July 13, 2005.