2022 -- H 8205

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LC005885

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- DAM PERMITS

     

     Introduced By: Representatives Noret, Hawkins, Costantino, Shallcross Smith,
Ackerman, Nardone, Serpa, Roberts, and McNamara

     Date Introduced: May 04, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 19.1

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DAM PERMITS

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     46-19.1-1. Permits required for certain dams.

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     Any person who owns or operates a dam that has the capacity to store greater than one

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thousand four hundred (1,400) normal storage acre feet of water shall apply to the director of the

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department of environmental management for a permit to raise or lower the water level behind the

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dam. The owner or operator shall apply for a permit, and until such time as a permit is issued by

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the director, the owner or operator shall operate the dam in a manner that is consistent with historic

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use as determined by the director. The director may enforce this section in accordance with chapters

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17.1 and 17.6 of title 42. This section shall not apply to dams that impound water for a public water

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supply system as defined in ยง 46-13-2. The department may promulgate rules and regulations to

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implement the provisions of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC005885

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- DAM PERMITS

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     This act would require that any person operating or owning a dam with a storage capacity

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greater than one thousand four hundred (1,400) normal storage acre feet of water to obtain a permit

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from the director of the DEM to raise or lower the water level behind the dam. This act would not

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apply to dams that impound water for a public water supply system.

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     This act would take effect upon passage.

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LC005885

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