(c) The department shall maintain and operate the water wells associated with the park property in a manner that will assure that sufficient capacity exists to provide the amount of water needed by the authority.
(d) To the extent residual water capacity exists in excess of the obligations set forth in subsection (c), the department shall act in accordance with the following priorities for the use of excess water capacity:
(1) If sufficient residual capacity exists, the department shall provide water to utilities that abut River Ridge Commerce Center and that request water be supplied from the water facilities, including the foreseeable growth.
(2) If sufficient residual capacity exists, the department shall provide water to the Indiana communities and water utilities in Clark County that do not abut River Ridge Commerce Center to the extent that the water utilities request that water be supplied from the water facilities.
(3) If sufficient residual capacity exists, the department shall provide water to Indiana communities and water utilities outside Clark County.
(4) Only after the priorities specified in subdivisions (1) through (3) are satisfied may the department provide water to communities and water utilities outside Indiana.
(e) A contract or other agreement that is inconsistent with this SECTION is void to the extent of the inconsistency.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1738 as printed February 7, 2007.)