A person entitled to make a request seeking a preference under Section 73-3d-301 by requesting that the governor declare a temporary water shortage emergency may exercise a preference under Section 73-3d-301 only if:
(1)
(a) the person entitled to make a request adopts an emergency response plan before the declaration of a temporary water shortage emergency if the person entitled to make a request is a community water system, as defined in Section 19-4-102, serving a population of more than 3,300; or
(b) the governor includes a statement in the executive order that the person entitled to make a request is eligible to exercise a preference under Section 73-3d-301 notwithstanding that the person entitled to make a request who is described in Subsection (1)(a) has not adopted an emergency response plan before the declaration of a temporary water shortage emergency; or
(2) the person entitled to make a request is not described in Subsection (1)(a).