Chapter 009
2011 -- S 0157
Enacted 04/06/11
A N A C T
RELATING TO
FURNISH THE CITY OF
Introduced By: Senator Joshua Miller
Date Introduced: February 03, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 6 of Chapter 1278 of the 1915 Public Laws
entitled "An Act to
Furnish the City of
Providence With a Supply of Pure Water" is hereby
amended to read as
follows:
Sec. 6. Said city of
hereinafter provided to acquire absolutely by condemnation, the
waters of said branch of said
river and its tributaries, or any part or parts thereof,
included within said area shown within red
lines on said plat, and any water or flowage rights or
privileges appurtenant to or connected with
said area or any part or parts thereof, and any waters
following into such reservoir or reservoirs,
and to there hold such waters and to appropriate and
divert the same for such water supply:
Provided, however, that
said city shall not hold or divert any such waters until such a reservoir or
reservoirs is or are ready for use; and further provided, that
from the time when the city begins to
hold or store water in such reservoir or reservoirs to the
time when for the first time twenty billion
gallons of water shall have been held and stored therein,
said city shall not during any week day
diminish the flow of such branch immediately below the dam of
such reservoir as is farthest down
stream below the amount which would run in such branch if
the reservoir or reservoirs built by
said city did not exist, except that when such flow of
said branch would exceed twenty million
gallons per day, said city may hold and store all the water
in excess of said twenty million
gallons, and further provided, that after said city has for
the first time held and stored in such
reservoir or reservoirs twenty billions gallons of water, it
shall draw from such reservoir or such
of said reservoirs as is farthest down stream, in each
month a quantity of water equivalent to not
less than seventy million gallons daily, and all of the
above monthly quantity of water which is
not diverted for a water supply for said city of
or hereafter supplied under the provisions of this act,
in the city of
dam of the Hope Mills, so-called, in the town of
as is farthest down stream does not fill by the first
day of June, thereafter until it does fill, the
quantity of water to be drawn as aforesaid for the purposes
aforesaid shall be equivalent to not
less than sixty-five million gallons, daily, instead of to
not less than seventy million gallons,
daily; and further provided, that from the time said city
begins to use such reservoir or reservoirs
and to hold or divert any such waters, said city,
although observing the aforegoing limitations and
requirements, shall not hold or divert the same to any extent that
would prevent its observance of
the following paramount limitations and requirements:
That said city shall forever discharge from
such reservoir or such of said reservoirs as is farthest
down stream into said branch sufficient
water to maintain a flow of water, in said branch below the
lowest dam built by said city on said
branch for storing and diverting water as aforesaid, of not
less than five hundred thousand gallons
each day; and such further quantity of water and at such
times and in such manner as may be
necessary to maintain, and so that there be maintained, a flow,
in said branch into the pond
formed by the Arkwright dam of the Interlaken Mills,
so-called, in the town of
less than six million gallons each day, except Sunday; and
such further quantity of water and at
such times and in such manner as may be necessary to
maintain, and so that there shall be
maintained a flow, in said branch at the Clyde Bleachery and Print Works, in the town of
or owners of said Clyde Bleachery
and Print Works from time to time shall certify to be
necessary for use therein, and in other buildings now or
hereafter owned by him or them on the
premises, for manufacturing purposes other than the production
of water power.
In
complying with the aforesaid provisions relating to the discharge of water from
such
reservoir or reservoirs into said branch, said city shall so
regulate the flow with respect to the
hours and quantity thereof as to meet as far as it is
practicable to do, the requirements of all those
using water, especially the requirements of each of the
persons, firms and corporations operating
bleacheries, finishing or dye works thereon.
With
reference to the flow of said branch to be maintained into the pond formed by
said
Arkwright dam of the
Interlaken Mills, and at said Clyde Bleachery and
Print Works, said city
shall establish and maintain at its own expense forever a
proper gauging station or stations at each
of said places or at such place or places on the stream
above or below the same as would be
convenient and practicable and give the most accurate results,
and in the latter case proper
allowance for any difference in the flow between the place at
which the flow is to be maintained
and the place or places of gauging shall be made; and
said city shall take gaugings at said stations
at such times as may be reasonably required to ascertain
the flow of water into said pond formed
by said Arkwright dam of said Interlaken Mills and at
said Clyde Bleachery and Print Works and
from time to time whenever reasonably requested shall
furnish to said Interlaken Mills, its
successors and assigns, and to the owner or owners of said Clyde
Bleachery and Print Works or
of any other manufacturing establishment on said branch,
copies of the records of the gauging
taken at such gauging stations, and shall also allow the
same at all reasonable times to inspect
such gauging stations and the apparatus connected
therewith: Provided, said city shall be notified
of the intention to inspect so that a representative of
said city may be present at such inspection.
From
time to time whenever reasonably requested said city shall furnish information
to
any person, firm or corporation owning or operating any
manufacturing establishment on said
branch as to the quantity of water discharged into said
branch from such reservoir or such of said
reservoirs as is farthest down stream, and the times and manner
of discharging such water and
regulating the flow thereof with respect to the hours and the
quantity thereof, the quantity of
water drawn from such reservoir, and the quantity of water diverted
for a water supply for said
city of
calculations or estimates as to the quantity of water contained in
such reservoir or reservoirs.
Relative
to the work of construction of such reservoir or reservoirs or any works
connected therewith said city shall not do, or cause or suffer
to be done, any act or thing which
would result in the waters of said branch being polluted to
any greater extent than said waters
would have been polluted without such construction work,
and in case it fails to observe this
provision, any person or corporation owning or operating any manufacturing
establishment on
said branch may recover its damages suffered thereby in an
action of the case in any court of
competent jurisdiction.
Before
said city of
city, it shall build a masonry dam across the Pawtuxet
river, in the
same site and of the same height as the present dam there
situated, and shall so maintain the same.
SECTION 2. This act shall take effect upon passage.
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LC00200
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