1. (1) The utility is a privately owned water system or sewerage system; and
2. (2) The sanitary commission finds that the utility is unfit for incorporation into the district's system.

A district may not construct, improve, operate, or extend any project that would duplicate or compete with any utility that is similar to a project and serves substantially the same purposes, unless:

Added by Acts 1982, c. 240, § 2.

Formerly Art. 43, § 651.