Title 12, Autonomous Agencies

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…

The proceeds from the sale of all bonds authorized by this Article shall be deposited to the credit of a fund to be designated as the Guam Waterworks Authority Construction Fund, which fund is hereby created. The money in said Construction Fund shall be expended in the manner pro…

All revenues received from the operation of the system shall be deposited to the credit of the Guam Waterworks Authority Revenue Fund, which fund is hereby created. Moneys in the Guam Waterworks Authority Revenue Fund may be used for any of the following purposes in the order of …

Moneys in the Guam Waterworks Authority Construction Fund and Revenue Fund may be invested by the Authority and any revenues in any other fund or account held by or on behalf of the Authority or its agent may be invested by the Authority or its agent, as the case may be, in any i…

Any balance remaining in any of the funds or accounts created by this Article or any indenture after payment of all costs, expenses and charges required or authorized to be expended therefrom, may be allocated and used for such other purposes relating to the acquisition, construc…

All money in the funds and accounts created by this Article or any indenture is hereby appropriated for expenditure in carrying out the purposes herein and therein provided. SOURCE: Added by P.L. 28-071:2 (Nov. 3, 2005).

(a) Pursuant to the agency of GEDA, the Board may at any time or from time to time, by resolution adopted by a majority of the members of the Board, authorize the Authority to incur indebtedness, including lines-of-credit, with the approval of I Maga’håga/Maga’låhi, for any lawfu…

(a) In addition to and in amplification of the powers conferred upon the Board by the Guam Waterworks Authority Act, this Article or any other law of Guam or of the United States, the Board has power and is hereby authorized to cause the Authority to enter into any contracts in c…

(a) The Board has the power and is hereby authorized to cause the Authority to enter into such contracts or agreements with such banks, insurance companies or other financial institutions as it determines are necessary or desirable to improve the security and marketability of the…

No member of the Board, employee of the Authority or elected official of the government of Guam shall be individually or personally liable for the payment of any amounts due on any bonds, or for any other liability arising in connection with the bonds; provided, however, that not…

Notwithstanding any substantive or procedural provision of Chapter 6 of Title 5, Guam Code Annotated, the Authority shall not be entitled to immunity from any suit or action in contract on the indebtedness authorized by this Article. For the purposes of this Act only, immunity is…

This Article shall be liberally construed to carry out the objects and purposes and the declared policy of Guam as in this Article set forth. Nothing contained in this Article shall be construed directly or by implication to be in any way in derogation or limitation of powers con…

Guam Waterworks Authority’s Water and Wastewater System. (a) Notwithstanding any other provision of law, in order to eliminate the emergency that currently exists relative to the current Guam Waterworks Authority’s moratorium on sewer connections in Central Guam, the Guam Waterwo…

(a) I Liheslaturan Guåhan, pursuant to § 50103 of Chapter 50, Title 12, Guam Code Annotated, hereby approves the terms and conditions of a borrower or financing program referred to as Commercial Paper (CP) to be issued by GWA. From time to time, the CP may be issued in one (1) or…

(a) I Liheslaturan Guåhan, pursuant to § 50103 of Chapter 50, Title 12, Guam Code Annotated, hereby authorizes the Guam Waterworks Authority (GWA) to obtain financial assistance from the United States Environmental Protection Agency, an agency of the United States of America, act…

This Article shall be known as the “Guam Drought Management and Comprehensive Water Conservation Plan.” 2024 NOTE: Reference to “Chapter” replaced with “Article” pursuant to the authority of 1 GCA § 1606.

The findings of I Liheslaturan Guåhan are that: COL 2025-12-23 (a) Guam has two (2) major seasons: wet and dry; and two (2) secondary seasons, referred to as transitional seasons, that can be either rainy or dry. Some years bring torrential typhoon storms while others bring droug…

Severity Alert Phases. (a) Fena Reservoir, owned and operated by the U. S. Navy Public Works Center (PWC), is the largest source of potable surface water supply on Guam. Currently, government of Guam’s overall water production includes purchases of approximately seventy percent (…

I Maga’håga/Maga’låhi shall, due to the emergency drought conditions existing on Island, immediately develop the Guam Drought Management and Comprehensive Water Conservation Plan to respond to water crises and water shortages. Said plan shall be filed with I Liheslaturan Guåhan n…

GWA shall enact the rules and regulations, which shall include: steps for instituting conservation measures and the interruption of the water supply; procedures for the protection of water resources pursuant to GWA’s statutory role as operator of Guam’s sole municipal water and w…

Military. The Guam EPA, in coordination with GWA, the Department of Commerce, and all private and military well owners and operators, shall collect salinity and chloride on a monthly basis during drought conditions for use in determining low groundwater level conditions as requir…

(a) Within sixty (60) days, the Guam Waterworks Authority (GWA) shall issue a Request for Proposal (RFP) soliciting bids or proposals from qualified parties for the operation and maintenance of all water wells currently operated by GWA, subject to the procurement laws of Guam. Th…

(a) Within sixty (60) days, GWA shall issue a RFP soliciting bids or proposals from qualified parties for the maintenance of all water and wastewater pump stations currently operated by GWA, subject to the procurement laws of Guam. The scope of work required through this RFP shal…

(a) Within sixty (60) days, GWA shall issue a RFP soliciting bids or proposals from qualified parties for the maintenance, installation and reading of all residential and commercial water meters currently under the purview of GWA, subject to the procurement laws of Guam. (b) The …

All contracts awarded subject to the provisions of this Act must contain performance reviews at least annually, and provisions for contract termination or penalty based upon such review. SOURCE: Added by P.L. 26-144:1 (Sept. 17, 2002). Amended by P.L. 30-066:7 (Nov. 27, 2010).

No contract awarded subject to the provisions of this Act shall be awarded to any party who has a blood or marital relationship to the third degree of consanguinity with the General Manager of GWA, a board member of GWA, I Maga’hågan/Maga’låhen Guåhan or a member of I Liheslatura…

(a) It is noted that no easily accessible as-built of the public water system of Guam exists, and that further, the public water system loses very significant amounts of water daily from undetermined or un- repaired leaks. GWA may reassign any qualified persons displaced as a res…

Should at some point in the future, a determination be made by I Liheslaturan Guåhan, in law, that either a merger between the military and civilian water systems, as approved by the United States, be advisable, or that a broad-scale public-private partnership for the production …

GWA is authorized to transfer funds from category to category within its own budget only for the purpose of funding the specific outsourcings detailed in this Chapter. Furthermore, I Maga’hågan/Maga’låhen Guåhan is authorized to transfer funds from Special Funds of the Executive …

(a) It is duly noted that the integration of the military and civilian water systems on Guam is an achievable and worthy goal, especially inasmuch as this integration may be productive in securing Federal funding for water and wastewater system improvements, or Federal loan guara…

The property in and the right to the use, of all ground water in all surface water sources and in underground sources including, but not limited to, the Northern Aquifer, wherever ground water is found in Guam, are for all purposes vested in the government of Guam and are conclus…

(a) No person shall have any right: (1) to drill for, divert, extract, use or store water for removal from Guam; (2) to dispose of or sell water to a person for removal from Guam; (3) to convey or transport water for removal from Guam; (4) to remove water from Guam; or (5) of pro…

A person must not remove water from Guam except as that person: (a) is authorized by law, rule or regulation; (b) removes the water in containers of five (5) gallon capacity or less, of water that has been packaged in Guam; or (c) obtained the water outside Guam and, at the time …

Nothing in this Act prohibits the removal of water from Guam in the ordinary course of carrying the water in vehicles, vessels or aircraft for the use of persons, animals or necessary for the operation of the vehicle, vessels or aircraft, while the persons or animals, as the case…

(a) All surface water and ground water in Guam are declared to be a public asset and belong to all of the people of Guam held in trust by the government of Guam. Such water shall be utilized as follows: (1) First priority shall be for use or resale by the Guam Waterworks Authorit…