12-5-108. Delegated authority; permit for consumptive use of water or expansion.

Notwithstanding any other provision of law to the contrary, a person to whom the division has delegated authority to provide water for consumptive use within the coastal aquifers of the state may obtain a permit from the division for consumptive use of water or expansion of existing services and facilities for consumptive use of water without a letter of concurrence from any local government or other public entity which has the power to provide water for consumptive use, provided that the following conditions are met:#

1. (1)

   Said local government or other public entity lacks the capability or permitted capacity to provide the water service requested in writing by a person seeking such service within a period of 18 months from the date of such request; and#

2. (2)

   Said person with delegated authority has the capability and permitted ground water capacity to provide water service as requested by such person seeking such service within a period of 18 months from the date of such request.#

This Code section shall stand repealed on January 1, 2029.#