2021 -- S 0986

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LC003090

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO WATERS AND NAVIGATION -THE JOHNSON'S POND PROTECTION

ACT

     Introduced By: Senator Leonidas P. Raptakis

     Date Introduced: June 27, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Short title. This act shall be known and citied as "The Johnson's Pond

Protection Act".

     SECTION 2. Section 46-18-1 of the General Laws in Chapter 46-18 entitled "Damages

from Milldams" is hereby amended to read as follows:

     46-18-1. Right of owner to continue and improve dam and pond.

     (a) Whenever any person, either upon his or her own land or upon the land of another with

his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to

supply water to any mill or mills upon the stream whereon the dam is located, the owner of the mill

or dam may continue and improve the pond and keep up the dam thereof on his or her own land for

his or her advantage without molestations, except as provided in subsection (b) of this section.

     (b) The provisions of this section shall be governed by the provisions of §§ 2-1-18 through

2-1-28, specifically with respect to a certain parcel of land located within the town of Coventry,

commonly known as "Johnson's Pond."

     SECTION 3. Section 2-1-23 of the General Laws in Chapter 2-1 entitled "Agricultural

Functions of Department of Environmental Management" is hereby amended to read as follows:

     2-1-23. Violations.

     (a) In the event of a violation of § 2-1-21, the director of environmental management has

the power to order complete restoration of the freshwater wetland, buffer, floodplain, or other

jurisdictional area involved by the person or agent responsible for the violation. If the responsible

person or agent does not complete the restoration within a reasonable time following the order of

the director of the department of environmental management, the director has the authority to order

the work done by an agent of the director's choosing and the person or agent responsible for the

original violation is liable for the cost of the restoration. The violator is liable for a fine not

exceeding five thousand dollars ($5,000) for each violation, except that if the violator knowingly

or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area without a

permit or approval from the director; knowingly or recklessly alters a freshwater wetland, buffer,

floodplain or other jurisdictional area in violation of the rules or regulations promulgated by the

director; or alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation

of a permit issued by the director, then the violator is liable for a fine not exceeding ten thousand

dollars ($10,000) for each violation, except if the violation occurs on the land commonly known as

"Johnson's Pond," the fine shall be sixty thousand dollars ($60,000.00) per day.

     (b) In addition, with respect to a certain parcel of land located within the town of Coventry,

commonly known as "Johnson's Pond," the director of the department of environmental

management may enter upon the freshwater wetland, buffer, floodplain, or other jurisdictional area,

to restore the water levels and flow rates of the pond to match historical norms and take into

consideration the effect of climate change.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -THE JOHNSON'S POND PROTECTION

ACT

***

     This act would make the Mill Damn Act subject to the provisions of the Freshwater

Wetlands Act as it related to Johnson's Pond in the town of Coventry. It would also grant the

authority of the director of the department of environmental management to enter upon the

freshwater wetland at Johnson's Pond, to restore the water levels of the pond to acceptable levels.

This act would also increase the fines for failing to restore the wetland at Johnson's Pond

to sixty thousand dollars ($60,000.00) per day.

     This act would take effect upon passage.

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