A. 
Criteria. A system service area may be created only if it can be demonstrated, and the County Commissioners find, that the system is necessary for the existing or future health, safety, and welfare of the public in general and that the system is feasible financially and from an engineering standpoint. A system service area may include noncontiguous parcels.
B. 
By petition. The owner or owners of property may petition the County Commissioners for the establishment of a system service area. The petition must describe the geographic area proposed for the system service area. The petition shall be on such forms as prescribed by the County Commissioners and must be signed by not less than 67% of the property owners in the proposed system service area. Except as provided for in Subsection C hereof, the petition shall be accompanied by a plat of the proposed service area, drawings, maps, plans, studies, construction information and other information as may be required by the County Commissioners.
C. 
For correction of existing conditions. Where the County Commissioners shall determine that a petition for establishment of a system is to serve existing and occupied dwellings and other existing structures for the purpose of correcting existing conditions which are hazardous to the public health or the environment, the Commissioners may provide for the necessary plats, drawings, maps, plans, studies and construction information which may be necessary to properly evaluate the petition. In such case, any expenses incurred by the County Commissioners shall be repaid from revenues of the system should it be established or be repaid by the petitioners should it not be established. In order to fund repayment, the County Commissioners may establish a special taxing district by resolution. Nothing herein shall preclude the County Commissioners from making other expenditures for studies or the like necessary to protect the environment. The County Commissioners may, at their discretion, initiate a petition or process for a system.
D. 
Action on petition.
(1) 
The County Commissioners shall make or cause to be made an evaluation of the petition.
(2) 
In evaluating the petition, the following shall be considered:
(a) 
Desirability of the system for comfort, convenience, health, safety and welfare of the people who will, or in the future may, be served by the proposed system.
(b) 
Feasibility of construction and operation of the proposed system from an engineering standpoint as well as from an economic standpoint.
(c) 
Whether or not the system is in the best interest of the public health, safety and welfare of all residents of the County.
(d) 
Whether or not the system will not be unduly detrimental to the environment of the County.
(e) 
Whether or not the design and operation of the system are or will be in accordance with all required permits and applicable standards.
(3) 
The County Commissioners shall hold a public hearing on the petition, which hearing shall be advertised at least once per week for two weeks prior to the hearing in a newspaper of general circulation in the County. The public hearing may be held in conjunction with any other public hearing required for the consideration or approval of a proposed system.
(4) 
Following the public hearing, the County Commissioners may approve the petition and establish the system and its service area by resolution.
(a) 
The resolution shall specify and include:
[1] 
The name of the system and its service area;
[2] 
A geographic description of the system service area;
[3] 
A description of the proposed system and facilities and a plan and schedule for the construction of the facilities;
[4] 
The number of equivalent dwelling units to be served in the system service area identifying the equivalent dwelling units for existing parcels and for parcels planned for development;
[5] 
Such other matters as the County Commissioners may deem appropriate.
(b) 
A copy of the resolution and a plat of the boundaries of the service area shall be recorded among the land records of the County.
(5) 
The County Commissioners may deny the petition if they find that it is not necessary for the existing or future health, safety and welfare of the public in general or if the proposed sanitary facilities are not feasible financially or from an engineering standpoint. The decision of the County Commissioners shall be final.
E. 
Subareas. Subareas may be established in any system service area by the County Commissioners where certain services are intended to be provided to, and are only provided to, the parcels within that subarea. A subarea shall be established and facilities constructed for the subarea and assessments and charges levied and collected within that subarea, in the same manner as for a system service area. A subarea may be consolidated with the system service area in the event that subarea no longer receives services different from the remainder of the system service area and when any special debt of that subarea for the construction of any system facilities has been retired.
F. 
Unless hook-up is not required by federal or state funding agencies or other applicable law in a specific time period, and an exemption or delay is granted by the County, each property designated for service within the Jonestown water system shall be connected to the system for service not later than one year from system service availability at the property. Upon such connection, all wells on the connecting property (excluding wells solely for agricultural irrigation or other purely agricultural purposes) shall be disconnected forthwith in accordance with applicable law.