Title 12, Autonomous Agencies

This Chapter may be cited as the Guam Waterworks Authority Act.

As used in this Chapter, unless otherwise indicated: COL 2025-12-23 (a) “Authority” means the Guam Waterworks Authority. (b) “Board” means the Consolidated Commission on Utilities established in Chapter 79 of Title 12 of the Guam Code Annotated. (c) “Director” means a Commissione…

Guam Waterworks Authority is continued in existence as a public corporation. SOURCE: Added by P.L. 23-119:1 (July 31, 1996). Repealed and reenacted by P.L. 26-076:3 (Mar. 12, 2002) to reflect the new Consolidated Commission on Utilities structure.

The Authority shall have, in accordance with the laws applicable to it and its annual budget, the following powers: (a) to produce, treat, transmit, store, distribute and sell water on Guam, and collect, treat and dispose of waste water on Guam; (b) to acquire, in accordance with…

Any contract by the Authority to contract maintenance services relative to sewage pumps, booster pumps, and all pumps and other facilities directly associated with water wells shall be subject to the following provisions: (a) any procurement of service or goods, shall be entirely…

[Renumbered to § 14505.] SOURCE: Added as § 14104.2 by P.L. 29-051:7 (Jan. 2, 2008). Renumbered as 12 GCA § 14505 by the Compiler to harmoniously fit this chapter. COL 2025-12-23

All powers vested in the Authority, except as provided herein, shall be exercised by the Consolidated Commission on Utilities, as established in Chapter 79 of Title 12 of the Guam Code Annotated. SOURCE: Added by P.L. 23-119:1 (July 31, 1996). Repealed and reenacted by P.L. 26-07…

(a) The Board shall appoint a general manager who shall be its chief executive officer and shall serve at its pleasure. The general manager shall, at a minimum, possess the following qualifications: (1) a combined minimum of ten (10) years of documented experience successfully ma…

(a) The Board shall appoint a chief financial officer who shall serve at its pleasure. The chief financial officer shall be a Certified Public Accountant. (b) The Board shall fix the chief financial officer’s compensation. The chief financial officer shall have full charge and co…

(a) The Board may also appoint a Secretary, a Treasurer, and an Attorney, who all shall serve at the pleasure of the Board and whose duties and compensation shall be fixed by the Board. The Board may appoint one or more assistants to any such office. Any of such offices may be co…

(a) All employees of the Authority shall be eligible for all insurance, retirement, workmen’s compensation and other benefits as extended to employees of the government of Guam, and shall be employees of the government of Guam for the purposes of the application of all civil serv…

(a) On the first day of the month following one hundred eighty (180) days after the effective date of this Act the Authority shall assume in writing from the Government of Guam and the Public Utility Agency of Guam (the Agency): (1) all real property under the Agency’s administra…

As an instrumentality of Guam, the Authority and all property acquired by or for the Board and all revenues and income therefrom are exempt from taxation by Guam or by any political subdivision or public corporation thereof and from all taxes imposed under the authority of I Lihe…

(a) Rates for Services. The Authority shall apply to the Public Utilities Commission (PUC) for approval for its rates for its services. In order to obtain such approval, the Authority must demonstrate to the PUC that: (1) there is a public need for the services being provided, an…

(a) The Board shall adopt and maintain a system of accounting. (b) The Board shall authorize, by means of the annual budget, payment of demands against the Authority resulting from the exercise of its powers under this Act if: (1) the purposes and amounts of such demands are proj…

For the purposes of Chapter 14 of Title 12 of the Guam Code Annotated, the term “annual budget” means a balanced budget for expenditures of the Guam Waterworks Authority for a fiscal year to be funded by the anticipated revenues and other funds to be received and expended for the…

(a) Pursuant to the provisions of 4 GCA §§ 4105 and 4106, the Board shall establish rules and regulations regarding selection, promotion, performance evaluation, demotion, suspension and other disciplinary action for the employees of the Authority; provided, however, that all con…

(a) Transfer of real property interests pursuant to this Act, including but not limited to fee estates, easements and land use rights evidenced by easements, leases, and licenses, shall be filed in the form of deeds or assignments signed by I Maga’hågan/Maga’låhen Guåhan in good …

Notwithstanding any of the provisions of this Act, specific legislative statutory approval shall be required prior to sale, transfer or lease of any real property assets or lands of the Guam Waterworks Authority. Nothing herein shall be construed as such approval. In addition, no…

(a) Definition of Adequate Water line. The term “adequate water line”, wherever used or referred to in this Article or in any indenture entered into pursuant hereto, shall mean a water line that can provide or be made to provide potable water to the premises. (b) Denial of Water …

Internet. (a) Notwithstanding any other provision of law, the Guam Waterworks Authority shall, within one (1) year of the enactment of this Section, provide that the following services be made available via the internet: (1) Acceptance payments via bank cards; (2) Application for…

This Article may be cited as the “Guam Waterworks Authority Revenue Bond Act.” SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005). 2013 NOTE: This section was added by P.L. 23-119:1 (July 31, 1996), entitled “Authorization for Indebtedness through GEDA.” Repealed by P.L. 28-071:2 (Nov…

The following terms, wherever used or referred to in this Article or in any indenture entered into pursuant hereto (except to the extent modified therein in accordance with this Article), shall have the following meanings, respectively, unless a different meaning appears from the…

Pursuant to Section 50103(k), Chapter 50, Title 12 GCA, the Board, through the agency of the Guam Economic Development and Commerce Authority (GEDCA) by statutory legislation, has power and is hereby authorized, in addition to and in amplification of all other powers conferred up…

Except to the extent otherwise permitted or required by an indenture or any contract relating to indebtedness issued by the Authority, all rates and charges shall at all times be fixed to yield annual revenues at least equal to (a) the annual principal payments and interest charg…

The validity of the authorization and issuance of any bonds by the Authority is not dependent on nor affected in any way by: (a) Proceedings taken by the Authority for the acquisition, construction or improvement of the system or any part thereof; (b) Any contracts made by the Au…

Liable for Indebtedness; Authority Only Liable as Provided by Indenture or Contract. (a) The Board shall determine the time, form and manner of issuance of bonds. COL 2025-12-23 (b) No bond issued or sold pursuant to this Article shall be or become a lien, charge or liability aga…

Before issuing any bond or bonds, the Board shall declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for such purpose. Bonds shall not be issued or sold for such purpos…

The Authority may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates or methods for determination thereof, denominations, form, registration, transfer and interchange of any bonds and coupons issued pursuant to this Artic…

An indenture may provide for one or several issues of bonds and that bonds may be issued in series or that any issue may be divided into one or more divisions with different maturities or dates of issue, different rates of interest or methods for determining such rates, or differ…

An indenture pursuant to which bonds are issued may include any and all covenants and agreements on the part of the Authority as the Board deems necessary or advisable, including, without limiting the generality of the foregoing, any one or more of the following: (a) A provision …

(a) The Authority or any agent designated by the Authority shall act as trustee for the Authority and the holders of bonds issued hereunder and the Authority may authorize the trustee to act on behalf of the COL 2025-12-23 holders of the bonds or any stated percentage thereof and…

The Authority shall prescribe in any indenture the duties and powers of the trustee with respect to the issuance, authentication, sale and delivery of the bonds provided for in such indenture and with respect to the payment of principal of and interest on such bonds, the redempti…

An indenture may provide that bonds may be issued as coupon bonds or as registered bonds and for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that bonds shall be registered as to principal only or as to both principal…

An indenture may provide that bonds may be redeemed prior to maturity upon such terms, conditions and upon such notice as are stated in the indenture and upon the payment of such premium as may be fixed by the indenture. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

An indenture may provide for the payment of the principal and interest of bonds at any one or more places in Guam or in the United States and in any specified coin or currency of the United States. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

An indenture may provide for the execution and authentication of bonds by the manual or facsimile signature of any one or more officers of the Authority and by additional authentication by endorsement by the manual signature or a signature stamp of any one or more officers of the…

Bonds shall bear dates prescribed by the Authority in the indenture providing for their issuance. Bonds may be serial bonds, term bonds or sinking fund bonds with such maturities as the indenture shall specify. No bond by its terms shall mature more than fifty (50) years after it…

Bonds authorized to be issued under this Article shall be sold by the Authority for cash, in accordance with the provisions of a resolution providing for such sale adopted by the Board. The bonds may be sold at either public or private sale, and upon such terms and conditions as …

The Authority may use and expend all or any part of any funds other than revenues or proceeds of any property owned by it other than the system, whether received by gift, appropriation or otherwise (if not restricted as to the use of such funds or proceeds of property by the term…

The proceeds of sale of any bonds may be expended for any one or more of the following purposes, all as provided in the indenture relating to such bonds: (a) For payment of any costs or expenses of the acquisition, construction or improvement of the system or any part thereof or …

An indenture may provide that payment of the bonds and the interest thereon shall be secured by a pledge of and lien upon all or any portion of the revenues of the system. Any such pledge and lien shall be valid and binding from the time the pledge is made. The revenues pledged a…

An indenture may provide that pending the actual issuance or delivery of definitive bonds, the Authority may issue temporary or interim bonds, certificates or receipts or any denomination whatsoever and with or without coupons, to be exchanged for definitive bonds when ready for …

The Authority may provide for the replacement of lost, destroyed or mutilated bonds or coupons. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

Bonds issued pursuant to the provisions of this Article and the interest or income therefrom are exempt from taxation to the extent permitted by the provisions of Section 11 of the Organic Act. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

Notwithstanding any other provision of law, all bonds issued pursuant to the provisions of this Article are legal investments for all trust funds and for the funds of all banks, both commercial and savings, and may be deposited as security for the performance of any act whenever …

The Authority may provide for the issuance, sale or exchange of refunding bonds for the purpose of redeeming or retiring any bonds issued under the provisions of this Article or any other prior obligations of the Authority. All provisions of this Article applicable to the issuanc…

In addition to the proceeds of any bonds issued and sold pursuant to this Article, the Authority may use for the payment of the costs of acquisition, construction or improvement of the system or any part thereof any available money or funds of the Authority and any money or funds…

The Authority may insure against loss of revenues from any cause whatsoever. The Authority may insure against public liability or property damage from any cause. An indenture may provide for the carrying of such insurance or any other insurance in such amount and of such characte…

The government of Guam is fully committed to ensuring that the Authority has the ability to implement the capital improvements authorized to be paid by this legislation in order to meet the needs of Guam ratepayers for reliable and affordable services. The government also is full…