Chapter 009

2011 -- S 0157

Enacted 04/06/11

 

A N A C T

RELATING TO FURNISH THE CITY OF PROVIDENCE WITH A SUPPLY OF PURE WATER

 

     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 Providence is hereby authorized from time to time and in the manner

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 Providence, and for any territories now supplied,

or hereafter supplied under the provisions of this act, in the city of Cranston, the towns of North

Providence, Johnston and Warwick, or elsewhere, shall be discharged into said branch above the

dam of the Hope Mills, so-called, in the town of Scituate, except that, if in any year such reservoir

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 Coventry, of not

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 West

Warwick, of such quantity not exceeding seventy-two million gallons in each week, as the owner

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 Providence and for any other territories supplied under the provisions of this act, and its

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 Providence diverts any of said waters for said water supply for said

city, it shall build a masonry dam across the Pawtuxet river, in the village of Pawtuxet, on 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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