Delaware Code § 26-403

Expansion of facilities and services of water companies in State
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(a) No water company doing business in this State shall expand its facilities within this State in order to service new customers or
subscribers in this State, nor shall any such company supply water to any new or additional customers or subscribers in this State until
the company is furnishing water to its present customers or subscribers in this State in such fashion that water pressure at every house
supplied is at least 25 pounds at all times at the service connection.
(b) No water company doing business in this State shall expand its facilities in order to service new customers or subscribers unless it
shall furnish water to the house or separate location of each new customer or subscriber in this State at the pressure of at least 25 pounds
at each such location or house at all times at the service connection while continuing also to supply each old customer or subscriber at
the pressure of at least 25 pounds at each house at all times at the service connection. Notwithstanding the above or any law or regulation
to the contrary, no such restriction shall apply to a water company expanding its facilities to a new customer or subscriber seeking or
providing services on the property having the tax parcel number 07-043.40-055 or any successor parcel thereof; provided, however, that
the primary use of such property remains as a wildlife refuge.
(c) No water company, which either alone or together with other water company affiliates or subsidiaries under common control or
ownership serves more than 5,000 customers in this State, shall, unless it has cured any material failure found pursuant to paragraph (c)
(1) or (2) of this section below within 30 days of any such finding, expand its facilities within this State in order to service new customers
or subscribers or supply water to any new or additional customers or subscribers in this State for so long as that company:
(1) Is subject to a finding by the appropriate federal or state regulatory authority that it has materially failed to comply with applicable
safe drinking water or water quality standards; or
(2) Is subject to any order issued by the Commission pursuant to this title finding that the company has materially failed to provide
adequate or proper safe water services to existing customers.
(d) The appropriate agency shall report any such finding that a water company has failed to materially meet the water pressure standards
of subsection (a) or (b) of this section or any order issued pursuant to subsection (c) of this section to the Public Service Commission
in accordance with the Commission's authority to grant a water utility a certificate of public convenience and necessity to expand or
extend its service territory.

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