reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-3. - Regulations.

§ 46-13.2-3. Regulations.
(a)
The Rhode Island building standards committee, pursuant to § 23-27.3-100.1.5 shall by no later than December 31, 2013, incorporate in the appropriate portions of the state building codes minimum standards for the location, design, construction and installation of wells that are appurtenances to buildings in consultation with the department of health, the division of statewide planning and the department of environmental management, with due regard for the preservation of public health, and protection of public welfare and the environment.
(b)
In those circumstances in which compliance with the requirements for locating a new or replacement well would result in undue hardship, property owners may seek a variance from any one or more of the siting requirements, in accordance with the following:
(1)
Except as specified in (3), from the building code board of appeals authorized in the municipality with jurisdiction over the property on which the well is proposed;
(2)
Except as specified in (3), in the absence of a local building code board of appeals, from the state building code board of appeals; and
(3)
From the department of environmental management in all cases in which the well is proposed to be installed as part of an application for the new construction of or repair of an on-site wastewater disposal system. The appropriate authority specified above may grant a variance to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be granted without impairing the intent and purpose of this chapter.
(c)
To protect public health and the environment, the Rhode Island department of environmental management is authorized to promulgate regulations applicable to the owners of on-site wastewater systems that limit the installation of any type of well, including wells installed for irrigation systems, near the on-site wastewater treatment systems on the owner’s property.
History of Section.
P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-4. - Registration and licensing of well drilling contractors and pump installers.

§ 46-13.2-4. Registration and licensing of well drilling contractors and pump installers.
(a)
No person shall install a well or a pump within a water well unless registered or licensed with the proper authorities in accordance with this chapter, chapter 65 of title 5, and chapter 65.2 of title 5. Well drilling contractors are subject to the jurisdiction of the contractors’ registration and licensing board including the registration procedures of the board authorized by chapter 65 of title 5 and in effect at the time of passage of this act.
(b)
A municipality engaged in well drilling shall be exempt from the registration or license provisions of this chapter if the drilling is done by regular employees of, and with equipment owned by, the municipality, and the work is on wells intended for use by the municipality.
(c)
This chapter shall not restrict a plumber or electrician from engaging in the trade for which he or she has been licensed.
History of Section.
P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-5. - Record of wells.

§ 46-13.2-5. Record of wells.
Within ten (10) days after completion of a new or replacement well, a well drilling contractor shall provide the owner, the building official and the department of health a well installation report conforming to the form, content, and means specified by the department of health. This well installation report will at a minimum indicate:
(1)
The well owner’s name and address,
(2)
The physical location of the well,
(3)
The well depth,
(4)
The geologic materials and thickness of materials penetrated,
(5)
The length and type of casing,
(6)
The static water levels,
(7)
The results of a well yield test that conforms to industry standards, and
(8)
Any other additional information which may be required by the department of health.
History of Section.
P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-6. - Repealed.

§ 46-13.2-6. Repealed.
History of Section.
P.L. 1987, ch. 257, § 2; Repealed by P.L. 2012, ch. 241, art. 17, § 7, effective January 1, 2013.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-7. - Well constructed for farming or private use.

§ 46-13.2-7. Well constructed for farming or private use.
A landowner may construct his or her own well to provide water for the consumption by himself or herself, his or her family, pets, livestock, or for farming of his or her land where the water obtained shall not be intended for use by the general public or in any residence other than the landowner’s, and the landowner shall not be required to be registered under § 46-13.2-4, but must submit a well installation report as required by § 46-13.2-5 and comply with all regulations and codes of construction adopted under this chapter and § 23-27.3 and comply as applicable with requirements of § 23-1-5.3.
History of Section.
P.L. 1987, ch. 257, § 2; P.L. 2012, ch. 241, art. 17, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-8. - Repealed.

§ 46-13.2-8. Repealed.
History of Section.
P.L. 1987, ch. 257, § 2; Repealed by P.L. 2012, ch. 241, art. 17, § 7, effective January 1, 2013.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-9. - Existing and abandoned wells.

§ 46-13.2-9. Existing and abandoned wells.
No well in existence on July 1, 1987 shall be required to conform to the provisions of this chapter or any rules or regulations adopted pursuant thereto; provided any well now or hereafter abandoned, shall be brought into compliance with the regulations adopted pursuant to this chapter if the well is intended again to be used for the supply of groundwater.
History of Section.
P.L. 1987, ch. 257, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-10. - Repealed.

§ 46-13.2-10. Repealed.
History of Section.
P.L. 1987, ch. 257, § 2; Repealed by P.L. 2012, ch. 241, art. 17, § 7, effective January 1, 2013.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-11. - Duties and powers of department of health not affected.

§ 46-13.2-11. Duties and powers of department of health not affected.
Nothing in this chapter shall be construed to affect or limit the duties and powers of the department of health as provided by law, in matters relating to the purity, potability, and safe guarding of well waters.
History of Section.
P.L. 1987, ch. 257, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-13.2 - Drilling of Drinking Water Wells › Section 46-13.2-12. - Severability.

§ 46-13.2-12. Severability.
If any clause, sentence, paragraph, or part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof, directly involved in the controversy in which the judgment shall have been rendered.
History of Section.
P.L. 1987, ch. 257, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-1. - Contamination of drinking water sources prohibited.

§ 46-14-1. Contamination of drinking water sources prohibited.
Bathing, swimming, discharge of any sewage or drainage or refuse or polluting matter which may pollute or corrupt or impair the purity or quality of a public drinking water supply or which renders the water supply injurious to health or poses a potential significant risk to public health and any activity which leads to such discharge in, or on, or in the immediate vicinity of any water body used as a source of public drinking water supply shall be prohibited. In addition, any other activity in or on or in the immediate vicinity of any water body used as a source of public drinking water supply which the director of the department of health deems to render the water supply injurious to health or to pose a potential significant risk to public health shall be prohibited or restricted. Any person violating any of the provisions of this section shall be penalized pursuant to the provisions of § 46-14-8. The prohibition against bathing shall not apply to any camp or bathing resort located on a known tributary of any of the above-mentioned waters if such camp or bathing resort was licensed by the department of health prior to June 20, 1968.
History of Section.
P.L. 1897, ch. 491, § 1; P.L. 1904, ch. 1178, § 1; G.L. 1909, ch. 118, § 1; P.L. 1911, ch. 683, § 1; G.L. 1923, ch. 165, § 1; G.L. 1938, ch. 635, § 1; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-1; P.L. 1964, ch. 108, § 1; P.L. 1968, ch. 251, § 1; P.L. 1970, ch. 48, § 1; P.L. 1973, ch. 198, § 1; P.L. 1991, ch. 73, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-2. - Order to remove polluting matter from premises.

§ 46-14-2. Order to remove polluting matter from premises.
(a)
The director of health, when satisfied that any sewage, drainage, refuse, or polluting matter exists in a locality such that there is danger that the sewage, drainage, refuse, or polluting matter may pollute, or corrupt, or impair the purity or quality of any of the waters described in § 46-14-1 or render them injurious to health, or pose a potential significant risk to public health may order the owner or occupant of the premises where the sewage, drainage, refuse, or polluting matter exists, to remove the same from the premises or to take such other steps as the director may deem necessary and within such time after the serving of the notice prescribed in § 46-14-3 as the director may designate; and if the owner or occupant neglects or refuses to do so he or she shall be penalized pursuant to § 46-14-8.
(b)
The provision of this section shall not interfere with nor prevent the enriching of land for agricultural purposes by the owner or occupant thereof, if no human excrement is used thereon, and no pollution, corruption, or impairment of the purity or quality of any of the waters described in § 46-14-1 results, and if the waters are not rendered injurious to health.
History of Section.
P.L. 1897, ch. 491, § 2; P.L. 1904, ch. 1178, § 2; G.L. 1909, ch. 118, § 2; G.L. 1923, ch. 165, § 2; G.L. 1938, ch. 635, § 2; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-2; P.L. 1968, ch. 251, § 1; P.L. 1970, ch. 48, § 2; P.L. 1991, ch. 73, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-2.1. - Contamination of private well — Notice to municipal water supply agency.

§ 46-14-2.1. Contamination of private well — Notice to municipal water supply agency.
Any state department or agency which discovers or receives information that a private well or water supply has become contaminated, which contamination may pose a potential danger to the local public water supply, shall, upon receipt of the information, provide written notification to the local public water supply agency and the chief executive officer of the city or town where the well is located of the potential contamination.
History of Section.
P.L. 1989, ch. 278, § 1; P.L. 1992, ch. 357, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-2.2. - Contamination of local water supply — Notice to city or town.

§ 46-14-2.2. Contamination of local water supply — Notice to city or town.
If the state department of health discovers that a water supply to a municipality has become contaminated, which contamination may pose a potential danger to the public, the director of health shall, within forty-eight (48) hours of the discovery of the contamination, notify the city or town council of every city and town whose water supply is affected by the contamination.
History of Section.
P.L. 1995, ch. 66, § 1; P.L. 1996, ch. 296, § 1; P.L. 2007, ch. 340, § 47.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-3. - Service of notice.

§ 46-14-3. Service of notice.
The notice shall be in writing, signed by the director of health or the person performing the duties of that official, and shall be served by any sheriff, deputy sheriff, or constable by reading the notice in the presence or hearing of the owner, occupant, or his or her authorized agent, or by leaving a copy of the notice in the hands or possession of, or at the last and usual place of abode of, the owner, occupant, or agent if within this state; provided, however, that if the owner, occupant, or agent is a corporation incorporated in this state, the notice shall be served by leaving a copy thereof at the last and usual place of abode of the president or person performing the duties of president of the corporation. But if the premises are unoccupied, or the residence of the owner is unknown or without this state, or if the owner is a corporation incorporated without this state, the notice may be served by posting a copy of the notice on the premises and by advertising the notice in some newspaper published in Providence County in such manner and for such length of time as the director of health may determine.
History of Section.
P.L. 1897, ch. 491, § 3; P.L. 1904, ch. 1178, § 3; G.L. 1909, ch. 118, § 3; G.L. 1923, ch. 165, § 3; G.L. 1938, ch. 635, § 3; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-4. - Prosecutions of violations — Liability for costs.

§ 46-14-4. Prosecutions of violations — Liability for costs.
The director of health, the commissioner of environmental management or the director of the department of environmental management until such time as the governor provides by executive order for the actual transfer of functions from the department of environmental management to the department of the environment pursuant to the provisions of § 42-17.1-40, the chief of police of any city or town in which a violation of this chapter occurs, or the president of the town council of any town, or the mayor of any city, or the executive officer of any district, institution, or company whose water supply is involved, is authorized to prosecute all violations of this chapter and shall not be required to give surety for costs upon complaints he or she enters.
History of Section.
P.L. 1897, ch. 491, § 4; P.L. 1904, ch. 1178, § 4; G.L. 1909, ch. 118, § 4; G.L. 1923, ch. 165, § 4; G.L. 1938, ch. 635, § 4; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-4; P.L. 1968, ch. 251, § 1; P.L. 1970, ch. 48, § 3; P.L. 1991, ch. 73, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-5. - Judicial aid in enforcement.

§ 46-14-5. Judicial aid in enforcement.
The superior court, upon the application of the director of health, or the commissioner of environmental management or the director of the department of environmental management until such time as the governor provides by executive order for the actual transfer of functions from the department of environmental management to the department of the environment pursuant to the provisions of § 42-17.1-40, or the chief of police of any city or town in which a violation of this chapter occurs, or the president of the town council of any town, or the mayor of any city or the executive officer of any district, institution, or company whose water supply is involved in that violation, shall have jurisdiction in equity to enjoin the violation of any of the provisions of this chapter and to enforce the orders of the director made pursuant thereto.
History of Section.
P.L. 1897, ch. 491, § 5; P.L. 1904, ch. 1178, § 5; G.L. 1909, ch. 118, § 5; P.L. 1911, ch. 683, § 2; G.L. 1923, ch. 165, § 5; G.L. 1938, ch. 635, § 5; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 46-14-5; P.L. 1964, ch. 108, § 1; P.L. 1970, ch. 48, § 4; P.L. 1991, ch. 73, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-6. - Inspection of premises.

§ 46-14-6. Inspection of premises.
In order to enforce the provisions of this chapter, the director of health shall have the power to go upon the premises of any person for the purpose of inspection.
History of Section.
G.L. 1956, § 46-14-6; P.L. 1964, ch. 108, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-8. - Penalties.

§ 46-14-8. Penalties.
(a) Civil penalty.
Any person who violates the provisions of this chapter, or any rule, regulation, or order issued pursuant thereto, shall be subject to a civil penalty of not more than five thousand dollars ($5,000) for each day during which the violation occurs.
(b) Criminal penalty.
(1)
Any person who shall be found guilty of violating, willfully or with criminal negligence, any of the provisions of this chapter, or of any rule, or regulation issued pursuant thereto, or an order of the director, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each day during which the violation shall be repeated or continued.
(2)
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or by any rule, regulation, or order issued under this chapter or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, or by any permit, rule, regulation, or order issued under this chapter, shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000) for each instance of violation or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
History of Section.
P.L. 1991, ch. 73, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-14 - Contamination of Drinking Water › Section 46-14-9. - Rules and regulations.

§ 46-14-9. Rules and regulations.
The director of the department of health may promulgate such rules and regulations as shall be deemed necessary to effect the provisions of this section.
History of Section.
P.L. 1991, ch. 73, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-1. - Legislative declaration.

§ 46-15-1. Legislative declaration.
The general assembly hereby finds and declares that:
(1)
The state of Rhode Island has been endowed with many and abundant sources of water supplies located advantageously, for the most part, throughout the state. The proper development, protection, conservation, and use of these water resources are essential to the health, safety, and welfare of the general public, and to the continued growth and economic development of the state;
(2)
In recent years it has become increasingly apparent that water supply management, protection, development, and use must be fully integrated into all statewide planning, and rivers and watershed planning and management processes, and that the allocation of the state’s water resources to all users, purposes, and functions, including water to sustain our natural river and stream systems and natural biotic communities, must be equitably decided and implemented under a process which emphasizes efficiency of use and management, minimization of waste, protection of existing supplies, demand management, drought management, conservation, and all other techniques to ensure that our water resources serve the people of Rhode Island for the longest time, in the most efficient use, and in an environmentally sound manner;
(3)
The character and extent of the problems of water resource development, utilization, and control, and the widespread and complex interests which they affect, demand action by the government of the state of Rhode Island in order to deal with these problems in a manner which adequately protects the general welfare of all the citizens of the state;
(4)
In order to retain and encourage the expansion of our present industries, and to attract new industries, and to promote the proper growth and desirable economic growth of the entire state, and to sustain the viability of water resource-dependent natural systems, agriculture, and recreation, state government must play an active role in fostering and guiding the management of water resources;
(5)
There are state and municipal departments, special districts, private firms, and other agencies in the state who have capabilities and experience in the design, construction, operation, and financing of water supply and transmission facilities, which capabilities and experience must be brought to bear on the total problem of water resources development in a coordinated manner if the proper development, conservation, apportionment, and use of the water resources of the state are to be realized; and
(6)
It shall be the duty of the water resources board to regulate the proper development, protection, conservation and use of the water resources of the state.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2004, ch. 159, § 2; P.L. 2004, ch. 254, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-1.1. - “Water supply system” defined.

§ 46-15-1.1. “Water supply system” defined.
“Water supply system”
means, but is not limited to, a system which sells water registered through a metering device or pumps over fifty (50) million gallons of water per year.
History of Section.
P.L. 1999, ch. 461, § 6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-2.1. - Appeals.

§ 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”).
History of Section.
P.L. 2022, ch. 65, § 2, effective June 15, 2022; P.L. 2022, ch. 66, § 2, effective June 15, 2022.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-3. - Review of public water supply facilities.

§ 46-15-3. Review of public water supply facilities.
The water resources board shall review all proposals and plans for public water supply systems in accordance with the procedures established in this chapter and shall, with respect to each proposal:
(1)
Make findings concerning the location of existing and potential sources of contamination of the public water supply system;
(2)
Assess the actual and potential impact of existing and potential sources of contamination of the public water supply system;
(3)
Prepare recommendations concerning the location, construction, and treatment of the public water supply system; and
(4)
Report its findings, assessment, and recommendation to the directors of health and the division of planning.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-5. - Water supply to other states.

§ 46-15-5. Water supply to other states.
(a)
No municipal water departments or agencies, special water districts, or private water companies shall transport or carry through pipes, conduits, ditches, or canals, the waters of any fresh water lake, pond, brook, river, stream, or creek in this state or any well, subsurface, or percolating waters of this state into any other state for use therein except where the consent in writing of the water resources board has been obtained.
(b)
A petition in writing for that consent must be filed with the water resources board accompanied by such plans and documents as the water resources board may require. The provisions of § 45-15-4 shall, so far as practicable, apply to all proceedings to be had subsequent to the filing of the petition as if the petition were one filed pursuant to the provision of § 46-15-4.
(c)
The water resources board shall enforce the provisions of this section, and the superior court, by injunction, may, upon an application of the director, prevent any unauthorized diversion or transportation.
(d)
Nothing contained herein shall be construed to affect any contracts or other arrangements in existence on September 1, 1990, wherein a municipal water department or agency, special water district, or private water company is supplying to and/or purchasing water from any agency or other entity in another state.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-6. - Supply of water to other water supply systems.

§ 46-15-6. Supply of water to other water supply systems.
(a)
On any application for a new or additional water supply or source of water supply, the water resources board, after obtaining the recommendations of the director of the department of health and the division of planning, may require or authorize any applicant to make provisions for the supply and to supply water to any area of the state which, as determined by the water resources board in its decision on that application, properly should be supplied with water from the source or sources of water supply sought by the applicant.
(b)
Any municipal water department or agency, special water district, or private water company within the area may apply to the water resources board for the right to take water from that source of water supply or from any part of the water supply system of the applicant supplied in whole or in part from that source. If the water resources board requires, or if it approves the application, it shall be the duty of the applicant to supply water, subject to such requirements as the water resources board may impose.
(c)
The amount of water to be taken and the price to be paid therefor may be agreed upon between the applicant and the taker of the water, or if they cannot agree, fair and reasonable amounts and rates shall be fixed by the administrator of public utilities and carriers; provided, further, that nothing contained in this section shall be construed as diminishing the powers of the administrator of public utilities and carriers in respect to rates of water suppliers subject to his or her jurisdiction.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 1999, ch. 461, § 1; P.L. 2007, ch. 340, § 48.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-6.1. - Repealed.

§ 46-15-6.1. Repealed.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 1999, ch. 461, § 1; Repealed by P.L. 2011, ch. 151, art. 9, § 11, effective July 1, 2011.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-7. - Authority to enter upon lands and waters for purpose of survey.

§ 46-15-7. Authority to enter upon lands and waters for purpose of survey.
The water resources board, its assistants, consultants, employees, subordinates, engineers, surveyors, or other agents or servants, upon giving due notice of intent and purpose, without being liable for trespass, shall have the right, with the consent of the landowner, to enter in, over, and onto any lands or waters in the state along with the equipment and devices as may be necessary and appurtenant for the conducting of examinations, investigations, appraisals, surveys, or other studies and for the making of test pits, pumping tests, borings, and other forms of geologic investigations; provided, however, that in the event the landowner refuses to consent to the entry, the water resources board may petition the superior court for the county in which the lands and waters are located for such authorization which shall be granted upon a showing by the water resources board that the entry is necessary for the implementation of the plans and programs of the board. The petition shall be granted priority on the miscellaneous court calendar. Any landowner whose property is damaged by virtue of the authorization granted herein shall have all of the rights, and shall be subject to all of the limitations, set forth in chapter 31 of title 9.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-8. - Rules and regulations.

§ 46-15-8. Rules and regulations.
The water resources board is hereby authorized and empowered to make general rules and regulations and to take such actions and issue such orders as may be required for the enforcement of this chapter, and the rules and regulations, in addition hereto and not inconsistent herewith.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-9. - Powers of health department and department of environmental management not affected.

§ 46-15-9. Powers of health department and department of environmental management not affected.
Nothing contained herein shall be construed to affect the powers granted to the department of health and the department of environmental management pursuant to chapters 12 — 14 and chapter 16 of this title.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-10. - Public nuisances — Abatement.

§ 46-15-10. Public nuisances — Abatement.
(a)
Any violation of any provision of this chapter, any rule or regulation promulgated pursuant to this chapter, or any term or condition of any permit, shall constitute a public nuisance. Any person, municipality, municipal water department or agency, special water district, or private water company, committing a violation shall be liable for the costs of abatement of any pollution and any public nuisance caused by the violation. The superior court is hereby given jurisdiction over actions to recover the costs of the abatement.
(b)
Any activity or condition declared by this chapter to be a nuisance or which is otherwise in violation of this chapter, shall be abatable in the manner provided by law or equity for the abatement of public nuisances. In addition, the water resources board may proceed in equity to abate nuisances or to restrain or prevent any violation of this chapter.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-11. - Penalties and remedies.

§ 46-15-11. Penalties and remedies.
(a)
It shall be the duty of any person to comply with any order issued pursuant to this chapter. If the person fails to comply with the order within such time, if any, as may be specified, the order may be enforced by the superior court, upon application made by the water resources board.
(b)
Any person who willfully or negligently violates any provision of this chapter, or any rule or regulation or other order promulgated by the water resources board, or any condition of any permit issued pursuant to the chapter, is guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred ($500) dollars for each separate offense or to imprisonment for a period of not more than one year, or both.
(c)
In addition to proceeding under any other remedy available at law or in equity for a violation of any provision of this chapter, any rule or regulation pursuant to this chapter, or any term or condition of any permit issued pursuant to this chapter, the water resources board may assess a civil penalty upon a person for the violation. The penalty may be assessed whether or not the violation was willful or negligent. When the water resources board assesses a civil penalty, it shall inform the person of the amount of the penalty. The person charged with the penalty shall then have thirty (30) days to pay the penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall, within the thirty (30) day period, file an appeal of the action with the water resources board. Failure to appeal within thirty (30) days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty. The maximum civil penalty which may be assessed pursuant to this section is five thousand dollars ($5,000) per day for each violation. Each violation for each separate day and each violation of any provision of this chapter, any rule or regulation under this chapter, any order of the water resources board, or any term or condition of a permit shall constitute a separate and distinct offense under this section.
(d)
The penalties and remedies prescribed shall be deemed concurrent, and the existence of or exercise of any remedy shall not prevent the water resources board from exercising any other remedy hereunder.
(e)
Violations on separate days shall constitute separate offenses for purposes of this chapter.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-12. - Cemeteries affecting water supply.

§ 46-15-12. Cemeteries affecting water supply.
(a)
In the event that any sites, lands, or other property acquired by the board pursuant to chapter 15.1 of this title, and/or in accordance with chapter 6 of title 37, as amended, for the purpose of constructing or maintaining a reservoir or other terraneous or subterraneous supply, transmission, or distribution of potable water, contain any burial ground, cemetery, historic cemetery, graves, or places of human burial, and if these places are to be flowed by water or are located so near to the reservoir or other water source as to be likely to pollute or reduce the quality or value of the waters as a potable water supply, the water resources board shall remove the remains found in the burial places.
(b)
The removal is to be under the direction of a qualified funeral director and with the approval of the next of kin of the deceased, and at the expense of the water resources board. However, notwithstanding the foregoing, the board shall only be liable for those expenses associated with removal of the remains and existing headstone, and transfer and reinterment of the remains within the state of Rhode Island. In the event that the next of kin desires to have the remains transported or reinterred outside of the boundaries of the state of Rhode Island, any and all expenses related to the transportation and reinterment outside of the state of Rhode Island shall be the responsibility of the next of kin.
(c)
No cadaver or remains shall be removed by the water resources board unless the water resources board shall give notice by certified mail to the nearest of kin known to the water resources board, and/or, in the case where no kin is known to the water resources board, by advertising in one or more daily newspapers having circulation within the town or city wherein the cemetery is located, at least once a week for three (3) successive weeks. The advertisement shall set forth the names of the deceased and the date of death, if the information is known or otherwise reasonably discernible from available records, as well as, the present location of the cemetery or burial site.
(d)
In the event that no kin is known or that the nearest of kin shall neglect or refuse to approve the removal and reinterment, the water resources board shall cause the cadavers or remains to be removed, transferred, and interred in such other cemetery in accordance with the laws, rules, and regulations of the religious denomination, if any shall be known or ascertained, to which the deceased subscribed. The water resources board may, at its option, furnish a place or places for these burials, and may establish a general burial ground or grounds therefor, and may acquire by purchase or condemnation any lands needed therefor. No general burial ground or grounds shall be established in any town without the prior approval of the town council of the town of the location or locations thereof.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-13. - Water supply planning.

§ 46-15-13. Water supply planning.
The division of planning shall study and evaluate the needs of the state for current and future water supply and shall have the following powers:
(1)
To formulate and maintain a long range guide plan and implementing program for development of major water resources and transmission systems needed to furnish water to regional or local public water systems as part of the state guide plan adopted pursuant to § 42-11-10.
(2)
To provide for cooperative development, conservation, and use of water resources by the state, municipal agencies or departments, water resources board, and public water systems, including special water districts and privately owned public water systems, the division of planning may:
(i)
Divide the state into areas for the purpose of providing water supply facilities;
(ii)
Designate municipal water departments or agencies, special districts, or privately owned public water systems to perform area-wide water supply operations within each area.
(3)
To review all plans and proposals for construction or installation of facilities for water supply for conformance with the state guide plan in accordance with § 46-15-2 and report its findings to the water resources board.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-14. - Emergencies and imminent hazards.

§ 46-15-14. Emergencies and imminent hazards.
The division of planning, subject to the approval of the governor, shall promulgate an adequate plan for the provision of safe drinking water for the inhabitants of the state when a water emergency has been declared by the governor. A water emergency shall include floods or situations in which water supplies are insufficient to meet the needs of the inhabitants of the state either through a water shortage or contamination of water supplies. In a water emergency, the governor may take such actions and issue such orders as may be necessary to implement the plan, including the imposition of conservation measures and the allocation of water supplies. The actions and orders may be directed to state agencies, municipalities, or entities engaged in the sale of water to the public. Notwithstanding the foregoing, the responsibility for setting rates for the purchase and sale of water shall not be affected by this section.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 2002, ch. 180, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-15. - Consultants.

§ 46-15-15. Consultants.
The water resources board is authorized to employ such technical consultants as may be required by the board for the proper performance of its powers and duties within the limit of funds provided therefor.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-16. - Examination of books, records, and accounts.

§ 46-15-16. Examination of books, records, and accounts.
For the purpose of ascertaining material information relevant to the function of the powers and duties of the water resources board, the water resources board may freely examine at any time the books, records, and accounts of any municipal water department, special water district, or private water company.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-17. - Filing reports.

§ 46-15-17. Filing reports.
The water resources board, on behalf of the board, may require any municipal water department, special water district, or private water company at a designated time or times, to file with its statements and reports, in such form as it may prescribe, covering any data or information which it deems necessary or proper to enable it to carry into effect the applicable provisions of this chapter.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-18. - Relations with other governmental bodies and agencies.

§ 46-15-18. Relations with other governmental bodies and agencies.
In order to adequately protect the interests of the state in its water resources, the water resources board is hereby authorized to:
(1)
Cooperate with the appropriate agencies of the federal government, of the state or other states, or any interstate bureau, group, division, or agency with respect to the use of ground and surface waters, which are without or wholly or partially contained within this state, and to endeavor to harmonize any conflicting claims which may arise therefrom.
(2)
Appear, represent, and act for the state in respect to any proceeding before either a federal or state governmental body or agency where the water resources of the state may be affected, and may do and perform such acts in connection therewith as it deems proper to protect the interests of the state.
(3)
Present for the consideration of the congress or officers of the federal government, as occasion requires, the just rights of the state in relation to its waters, and institute and prosecute appropriate actions and proceedings to secure those rights, and defend any action or proceeding calculated to impair those rights.
(4)
Facilitate, encourage and support water resources management on a watershed basis, in a manner that supports systems level planning.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2004, ch. 159, § 2; P.L. 2004, ch. 254, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-19. - Construction of references.

§ 46-15-19. Construction of references.
Whenever in any general or public law the words,
“water resources coordinating board”
or
“the director of the department of the environment”
shall appear, the same shall be deemed to refer to and to mean the
“water resources board”
.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-20. - Exemption from taxation.

§ 46-15-20. Exemption from taxation.
The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of the state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential government function, and neither the water resources board nor any municipal water agency, or department, or special water district to whom the water resources board has leased any of its properties or other facilities, shall or may be required to pay taxes or assessments upon or in respect of those properties or facilities acquired, leased, or used by the water resources board under the provisions of this chapter, or upon any improvements constructed on property owned by the board by any municipal water agency, or department, or special water district, or upon the income therefrom; provided, however, the general assembly may direct payments in lieu of taxes to be paid to a city or town in which those properties or facilities are located.
History of Section.
P.L. 1990, ch. 461, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-22. - Transfer of powers and functions to the water resources board.

§ 46-15-22. Transfer of powers and functions to the water resources board.
There are hereby transferred to the water resources board:
(1)
Those functions of the department of administration which were administered through or with respect to board programs in the performance of strategic planning as defined in § 42-11-10(c);
(2)
All officers, employees, agencies, advisory councils, committees, commissions, and task forces who were performing strategic planning functions as defined in § 42-11-10(c); and
(3)
Those duties and functions of the statewide planning program for support to the Rhode Island rivers council.
History of Section.
P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2; P.L. 2004, ch. 159, § 2; P.L. 2004, ch. 254, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15 - Water Resources Management › Section 46-15-23. - Coastal resources management council.

§ 46-15-23. Coastal resources management council.
Nothing contained in this chapter shall abrogate or affect the powers and duties of the coastal resources management council under chapter 23 of this title.
History of Section.
P.L. 1990, ch. 461, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-15.1 - Water Supply Facilities › Section 46-15.1-1. - Legislative declaration — Water resources board (corporate) — Applicable sections.

§ 46-15.1-1. Legislative declaration — Water resources board (corporate) — Applicable sections.
The findings and declarations made by § 46-15-1 are hereby made applicable to this chapter.
The water resources board (corporate) under this chapter constitutes a body politic and corporate and a public instrumentality of the state having a distinct legal existence from the state and not constituting a department of state government.
The following sections also apply to the water resources board, the state agency: §§ 46-15.1-2(a), 46-15.1-2.2, 46-15.2-3, 46-15.1-2.4, 46-15.1-4.1, 46-15.1-5(15) — (25), 46-15.1-20 and 46-15.1-21.
History of Section.
P.L. 1970, ch. 304, § 1; P.L. 1999, ch. 461, § 2; P.L. 2006, ch. 104, § 2; P.L. 2006, ch. 126, § 2; P.L. 2009, ch. 288, § 7; P.L. 2009, ch. 341, § 7.