V.I. Code tit. 30, § 105 (2019)
2019 US Virgin Islands Code|Title 30 - Public Service|Chapter 5 - Virgin Islands Water and Power Systems|Subchapter II - Virgin Islands Water and Power Authority|§ 105. Powers of Authority

 The Authority is created for the purpose of developing and utilizing and aiding in the development and utilization of adequate water and electric power systems for the people of the Virgin Islands, and any other service or facilities incidental or appropriate thereto, including the providing of services for wholesale advanced communications capabilities and services and telecommunications systems, and making the benefits thereof available to the inhabitants of the Virgin Islands in the widest economic manner consistent with sound fiscal management, and by this means to promote the general welfare and increase commerce and prosperity; the Authority is granted and shall have and may exercise all rights and power necessary or desirable for carrying out said purposes, including, but without limiting the generality of the foregoing, the following: (1) to have perpetual existence as a corporation; (2) to adopt, alter, and use a corporate seal which shall be judicially noticed; (3) to make, and from time to time modify, and repeal, bylaws, rules and regulations, not inconsistent with this chapter, providing for the internal organization and management of the Authority, for the administration of its affairs and operations, and for carrying into effect the powers and purposes of the Authority; (4) to sue and be sued in its corporate name; (5) to make contracts and to execute all instruments necessary or convenient in the exercise of any of its powers; (6) to acquire property, real, personal, or mixed, tangible or intangible, or any interest therein deemed by it to be necessary or desirable for carrying out the purposes of the Authority (including its own securities) by any lawful means (including, but without limitation, the exercise of the power of eminent domain in accordance with chapter 19 of Title 28), and to own, hold, develop, improve, redevelop, enlarge, extend, repair, maintain, use and operate said property; (7) to sell, lease, exchange, transfer, assign, mortgage, pledge, or otherwise dispose of, or encumber, any real or personal property, or any interest or estate in such; provided, that no provisions of law with respect to the acquisition, operation or disposition of property by other public agencies shall be applicable to the Authority unless the Legislature shall specifically so provide; and provided further, that except for a sale resulting from mortgage foreclosure, in no case shall the Authority have the power to sell any property unless the same, in the judgment of the Government Board, is no longer required for carrying out the business of the Authority or for effectuating the purposes of this chapter; provided, however, that the powers of this paragraph shall not apply where the Legislature has specifically exempted or restricted property from this paragraph; (8) to borrow money, make and issue bonds of the Authority for any of its corporate purposes, and give security therefor as provided for in subchapter III of this chapter; (9) to make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it; (10) to accept grants or loans from, and enter into contracts, leases, agreements, or other transactions with, any Federal agency, the Government of the Virgin Islands, or political subdivisions thereof, and to expend the proceeds of any such grants or loans for any of its corporate purposes; provided, however, that if a grant, loan, or the proceeds of a bond issue are made expressly subject to conditions precedent to the receipt of such grant, loan, or the proceeds of a bond issue, then the Authority shall comply with such conditions; (11) to invest funds in United States obligations or other securities approved for investment for the Government of the Virgin Islands; (12) except that the Authority may not charge a reconnection fee or any administrative or service fee associated with the reconnection of electrical and water services in excess of $25 for services disconnected for untimely non-payment or may not charge any fee for the reconnection of electrical and water services, when the customer is on the disconnection list, but the power has not been disconnected, if the customer pays before disconnection and that the Authority shall install electrical poles and power lines and maintain and install street lights at no cost to its customers to determine, fix, alter, charge, and collect reasonable rates, fees, and other charges for the use of the facilities of the Authority, or for the services, water, except for water obtained by the Fire Services at metered stand pipes that is used to out fires and which shall be provided free of charge, electric power, or other commodities rendered or furnished by it, which shall be at least sufficient, together with all other available moneys, revenues, income and receipts of the Authority from all sources, for the payment of the expenses of the Authority incurred in connection with the repair, maintenance, use and operation of its facilities and properties, for the payment of the principal of and the interest on its bonds, and for fulfilling the terms and provisions of such covenants as may be made with, or for the benefit of, the purchasers or holders of any bonds of the Authority; provided, that in fixing rates, fees, and other charges for water and electric power, the Authority shall have in view the encouragement of the widest economically possible use of water and electric power consistent with sound fiscal management; and in this connection it is the intention of the Legislature that in fixing such rates, fees and other charges the Authority shall take into account the respective expenses, as hereinbefore enumerated in this subparagraph, for the water and electric power systems; provided, further, that initially, the Authority shall adopt the existing rates, fees and other charges for water and power, and that, thereafter, before changes in such general rate structure for water or electric power are made, or, in cases where the Board shall decide to make such changes and deems the immediate effectiveness thereof to be necessary, then within a reasonable time after such changes are made, a public hearing shall be held with respect thereto before the Board, or before such hearing officer or officers as the Board may designate to give interested persons an opportunity to advise the Board of their views and of evidence in support thereof, and upon such hearing, the Board, pursuant to the powers, duties, and obligations vested in it by this chapter, may alter, suspend, or revoke such changes; (13) to have complete control and supervision of facilities and properties constructed or acquired by it, including the power to determine the character of and necessity for all its expenditures and the manner in which they shall be incurred, allowed and paid, and such determinations shall be final and conclusive for all purposes; (14) to prepare, or cause to be prepared, plans, designs, specifications and estimates of costs for the acquisition, construction, reconstruction, extension, improvement, enlargement, or repair of any facility, and from time to time to modify such plans, designs, specifications and estimates; (15) to acquire in accordance with paragraph (6) of this subsection, produce, impound, develop, treat, hold, use, transmit, distribute, supply, exchange, sell, rent, and otherwise dispose of water, electric power, equipment, and/or such other things, supplies and services as the Authority shall deem necessary, proper, incidental, or desirable in connection with its activities under this chapter; (16) to construct or reconstruct any facility, and any additions, improvements and extensions thereto by contract or contracts, and/or under, through, or by means of its officers, agents, and employees; (17) to enter on any lands, property or structure after notifying the owners or holders thereof, or their representatives, for the purpose of making surveys, appraisals, soundings, borings, or examinations, and to enforce the power of such entry by appropriate proceedings in a court of competent jurisdiction if entry is denied or resisted; provided, that the Authority shall restore any such land, property or structure, insofar as possible to their condition or state at the time of entry; (18) to construct or place any facilities and to operate, maintain, and extend the same, across, in, over, under, through, or along any street, public highway, or any lands which may now or hereafter be the property of the Government of the Virgin Islands without obtaining any franchise or other permit therefor; provided, that the Authority shall obtain the consent of the Commissioner of Public Works with respect to construction affecting public lands and highways; and, provided, that the Authority shall restore any such street, highway, or lands, insofar as possible to their condition or state at the beginning of the work and shall not use the same in a manner unnecessarily to impair their usefulness; (19) to install and maintain adequate street lights in the urban and rural residential sections; and (20) to maintain and control the Water Purification Barge donated to the Government of the Virgin Islands by the U.S. Department of Interior. The Water Purification Barge is hereby transferred to the V.I. Water and Power Authority. (21) subject to the provisions of section 104(e) of this title, to perform all of the functions, consistent with this chapter, heretofore vested in the Governor of the Virgin Islands and the Commissioner of Public Works by chapter 3 of this title; (22) to do all acts or things necessary or desirable to carry out the powers granted to it by this chapter or by any other Act of the Legislature of the Virgin Islands; (23) to participate in the programs of any Federal agencies in the fields of water and electric power supply (including water distillation) and distribution and, consistent with this chapter, to do any and all things necessary to secure participation in such programs and the cooperation of such agencies in achieving the policies and purposes of this chapter.