49-1203

49-1203. Powers and duties of authority;
definition

A. The authority is a corporate and politic body and shall have an official seal
that shall be judicially noticed. The authority may sue and be sued, contract and
acquire, hold, operate and dispose of property.

B. The authority, through its board, may:

1. Issue negotiable water quality bonds pursuant to section 49-1261 for the
following purposes:

(a) To generate the state match required by the clean water act for the clean water
revolving fund and to generate the match required by the safe drinking water act for the
drinking water revolving fund.

(b) To provide financial assistance to political subdivisions, Indian tribes and
eligible drinking water facilities for constructing, acquiring or improving wastewater
treatment facilities, drinking water facilities, nonpoint source projects and other
related water quality facilities and projects.

2. Issue water supply development bonds for the purpose of providing financial
assistance to water providers for water supply development purposes pursuant to sections
49-1274 and 49-1275.

3. Provide financial assistance to political subdivisions and Indian tribes from
monies in the clean water revolving fund to finance wastewater treatment projects.

4. Provide financial assistance to drinking water facilities from monies in the
drinking water revolving fund to finance these facilities.

5. Provide financial assistance to water providers from monies in the water supply
development revolving fund to finance water supply development.

6. Guarantee debt obligations of, and provide linked deposit guarantees through
third party lenders to:

(a) Political subdivisions that are issued to finance wastewater treatment
projects.

(b) Drinking water facilities that are issued to finance these facilities.

7. Provide linked deposit guarantees through third party lenders to political
subdivisions, drinking water facilities and water providers.

8. Apply for, accept and administer grants and other financial assistance from the
United States government and from other public and private sources.

9. Enter into capitalization grant agreements with the United States environmental
protection agency.

10. Adopt rules pursuant to title 41, chapter 6 governing the application for and
awarding of wastewater treatment facility, drinking water facility and nonpoint source
project financial assistance under this chapter, the administration of the clean water
revolving fund and the drinking water revolving fund and the issuance of water quality
bonds.

11. Hire a director and staff for the authority.

12. Contract for the services of outside advisors, attorneys, consultants and aides
reasonably necessary or desirable to allow the authority to adequately perform its
duties.

13. Contract and incur obligations as reasonably necessary or desirable within the
general scope of authority activities and operations to allow the authority to adequately
perform its duties.

14. Assess financial assistance origination fees and annual fees to cover the
reasonable costs of administering the authority and the monies administered by the
authority. Any fees collected pursuant to this paragraph constitute governmental revenue
and may be used for any purpose consistent with the mission and objectives of the
authority.

15. Perform any function of a fund manager under the CERCLA Brownfields cleanup
revolving loan fund program as requested by the department. The board shall perform any
action authorized under this article on behalf of the Brownfields cleanup revolving loan
fund program established pursuant to chapter 2, article 1.1 of this title at the request
of the department. In order to perform these functions, the board shall enter into a
written agreement with the department.

16. Provide grants, staff assistance or technical assistance in the form of loan
repayment agreements and other professional assistance to political subdivisions, any
county with a population of less than five hundred thousand persons, Indian tribes and
community water systems in connection with the development or financing of wastewater,
drinking water, water reclamation or related water infrastructure. Assistance provided
under a technical assistance loan repayment agreement shall be in a form and under terms
determined by the authority and shall be repaid not more than three years after the date
that the monies are advanced to the applicant. The provision of technical assistance by
the authority does not create any liability for the authority or this state regarding the
design, construction or operation of any infrastructure project.

17. Provide grants, staff assistance or technical assistance in the form of loan
repayment agreements and other professional assistance to water providers in connection
with the planning or design of water supply development projects as determined by the
committee pursuant to section 49-1274. A single grant shall not exceed one hundred
thousand dollars. Assistance provided under a technical assistance loan repayment
agreement shall be in a form and under terms determined by the committee and shall be
repaid not more than three years after the date that the monies are advanced to the
applicant. The provision of technical assistance by the authority or the committee does
not create any liability for the authority, the committee or this state regarding the
design, construction or operation of any water supply development project.

C. The authority, in consultation with the committee, may:

1. Adopt rules pursuant to title 41, chapter 6 governing the application for and
awarding of water supply development fund project financial assistance under this chapter
and the administration of the water supply development revolving fund.

2. Appoint a technical advisory subcommittee of not more than five persons with
expertise in water resource planning and development to advise the committee regarding
the technical feasibility of water supply development projects.

D. The board shall deposit, pursuant to sections 35-146 and 35-147, any monies
received pursuant to subsection B, paragraph 8 of this section in the appropriate fund as
prescribed by the grant or other financial assistance agreement.

E. Disbursements of monies by the water infrastructure finance authority pursuant
to a financial assistance agreement are not subject to title 41, chapter 23.

F. For the purposes of the safe drinking water act, the department of environmental
quality is the state agency with primary responsibility for administration of this
state's public water system supervision program and, in consultation with other
appropriate state agencies, is the lead agency in establishing assistance priorities as
prescribed by section 49-1243, subsection A, paragraph 6 and section 49-1244, subsection
B, paragraph 3.

G. For the purposes of this section, "CERCLA" has the same meaning prescribed in
section 49-201.