73-3d-302. Emergency planning by a person requesting the declaration of a temporary water shortage emergency.
A person entitled to make a request seeking a preference under Sectionby requesting that the governor declare a temporary water shortage emergency may exercise a preference under Sectiononly if:
(1) the person entitled to make a request adopts an emergency response plan before the declaration of a temporary water shortage emergency if the person entitled to make a request is a community water system, as defined in Section, serving a population of more than 3,300; or 19-4-102 the governor includes a statement in the executive order that the person entitled to make a request is eligible to exercise a preference under Sectionnotwithstanding that the person entitled to make a request who is described in Subsectionhas not adopted an emergency response plan before the declaration of a temporary water shortage emergency; or 73-3d-301 (1)(a)
(2) the person entitled to make a request is not described in Subsection. (1)(a)