1. (1) The state council shall rank and prioritize water infrastructure projects included in the agency plans after receiving the annual submission of the relevant agencies' agency plans.

2. (2) The state council shall consider the following criteria when ranking projects:

   1. (a) Hardship;
   2. (b) Critical Issue;
   3. (c) Water Efficiency;
   4. (d) Sound Design;
   5. (e) Applicant Priority;
   6. (f) Population benefitted; and
   7. (g) Non-state funding.
3. (3) When considering hardship, water or sewer rates for any retail water supplier seeking water infrastructure fund money shall be greater than or equal to 1.5% of the MAGI; and
4. (4) Grant funding shall be limited to defined maximum percentages of the total project costs.

5. (5) The state council shall distribute annual funding between projects included in the agency plans with:

   1. (a) The first 50% of available water infrastructure fund money awarded to prioritized projects by the state council allocated as follows:

      1. (i) 40% to projects assigned to the Division of Drinking Water;
      2. (ii) 30% to projects assigned to the Division of Water Quality; and
      3. (iii) 30% to projects assigned to the Division of Water Resources; and
   2. (b) The remaining 50% of available water infrastructure fund money awarded to prioritized projects at the discretion of the state council.

KEY: administrative law, water infrastructure, planning, ranking and prioritization

Date of Last Change: April 30, 2026

Authorizing, and Implemented or Interpreted Law: 73-10g-603; 73-10g-604