Chapter 065
2022 -- H 7782
Enacted 06/15/2022

A N   A C T
RELATING TO WATERS AND NAVIGATION -- WATER RESOURCES MANAGEMENT

Introduced By: Representative Joseph J. Solomon

Date Introduced: March 03, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 46-15-2 of the General Laws in Chapter 46-15 entitled "Water
Resources Management" is hereby amended to read as follows:
     46-15-2. Approval of public water supply facilities.
     (a) No municipal water department or agency, public water system, including special water
districts or private water company companies, engaged in the distribution of water for potable
purposes shall have any power:
     (1) To acquire or take a water supply or an additional water supply from an existing
approved source;
     (2) To take or condemn lands for any new or additional sources of water supply or for the
utilization of supplies;
     (3) To extend its supply or distribution mains into a municipality or special water district
wherein it has not heretofore legally supplied water;
     (4) To construct any extension of its transmission mains;
     (5) To extend the boundaries of a special water district; or
     (6) To supply water in or for use in any other municipality or civil division of the state
which owns and operates a water supply system therein, or in any duly organized special water
district supplied with water by another municipal water department or agency, special water district,
or private water company, until the municipal water department or agency, special water district,
or private water company has first submitted the maps and plans therefor to the director of the
department of health, the state planning council and the board, as hereinafter provided, and until
the water resources board, after receiving the recommendations of the director of the department
of health and the division of statewide planning, shall have approved the recommendations or
approved the recommendation with modifications as it may determine to be necessary; provided,
however, this subsection shall not apply to any area presently served by any municipal water
department or agency, or special water district.
     (b) Approval shall not be necessary of any plan or work for the extension of supply or
distributing mains or pipes of a municipal water supply plant or special district or private water
company into and for the purpose of supplying water in any territory within the limits of the
municipality or special district or within the franchise area of the private water company, owning
the plant, including territory within the municipal special district or franchise limits which has not
been heretofore supplied with the water by the plant, nor for the reconstruction or replacement of
existing facilities in connection with an existing plant, wherein the capacity of the plant is in no
way increased, nor for the construction of filtration or other treatment facilities which will not in
any way increase the amount of water which can be made available from the present sources of
supply. Notwithstanding any provision of this section to the contrary, a municipal water
department, agency, or public water system governed under this section shall review applications
for plans or work for the extension of supply or distribution mains or pipes in accordance with the
following standards:
     (1) Such The application must not be prohibited by the specific language of the latest water
supply system management plan ("WSSMP") of the public water supply system;
     (2) Such The applications application must comply with the design and construction
standards and specifications established by the public water supply system for the sizing and
location for the infrastructure;
     (3) Such The extensions shall not reduce the necessary level of fire protection for the
community;
     (4) All water main and service connection materials, construction, and inspection required
hereunder shall be at the sole cost and expense of the applicant;
     (5) The public water supply system shall be granted an easement in a form acceptable to
them which shall permit the maintenance, repair, or replacement of water lines and all other related
activities;
     (6) For applications for single-family residential lots, the applicant must show that:
     (i) The existing or proposed well for the property does not meet the well industry standard
as described in the department of environmental management regulations for “yield per depth of
well chart” which is required by the department of health for a dwelling unit; and
     (ii) Due to the unique characteristics of the property that the drilling of a new well is not
feasible;
     (7) For applications located within a public water supply system with limited capacity,
applicants for commercial uses/properties shall be governed by the rules established for such
connections by the public water supply system, which shall be in accordance with the system’s
approved WSSMP.
     A public water supply system governed under this section may provide for lower standards
for approval for residential property if such standards meet the requirements of the agency’s state-
approved WSSMP, and such WSSMP is not expired.
     (c) The water resources board shall enforce the provisions of this section, and the superior
court by injunction may, upon application of the water resources board, prevent any action to be
taken by any municipal water agency or department, special district, or private water company
without the approval of the water resources board as required by this section.
     SECTION 2. Chapter 46-15 of the General Laws entitled "Water Resources Management"
is hereby amended by adding thereto the following section:
     46-15-2.1. Appeals.
     An applicant may appeal a denial by a public water supply facility made under § 46-15-
2(b) which shall be reviewable by the state agency or commission having jurisdiction over the
public water supply facility and thereafter by the superior court pursuant to the standards and
timeframes set forth in § 42-35-15 ("administrative procedures").
     SECTION 3. This act shall take effect upon passage.
========
LC005284
========