§ 46-15.7-1 - Legislative findings and declaration.
SECTION 46-15.7-1
§ 46-15.7-1 Legislative findings anddeclaration. – (a) The general assembly finds that:
(1) The constitution of the state of Rhode Island charges thegeneral assembly with responsibility for the conservation of all naturalresources, including water.
(2) The supply of fresh water available to the people ofRhode Island for use in their daily lives and to support agriculture,hydropower, indigenous wildlife and plant species, navigation, water-basedrecreation, wetlands, and other uses is finite and is not equally available oraccessible throughout the state.
(3) A significant portion of the fresh water resource of thestate is already being used to serve a variety of needs and purposes and thetotal volume and quality of the remaining fresh water resource of the state issubject to quantitative, qualitative, or geographic constraints on itsavailability or use.
(4) Allocation of the water resource of Rhode Island has thusfar been accomplished on a random, first come, first served, or ad hoc basiswith minimal or no consideration given to overall allocation of the resource soas to meet all present and foreseeable future needs.
(5) All of the data needed to properly manage the allocationand use of the water resource of the state are not available. Theresponsibility to provide essential data rests primarily upon those whowithdraw and use the waters of the state.
(b) Therefore, the general assembly declares that:
(1) Management of the amounts, purposes, timing, locations,rates, and other characteristics of fresh water withdrawals from ground orsurface waters is essential in order to protect the health, safety, and generalwelfare of the people of the state of Rhode Island, to promote the continuedexistence, diversity, and health of the state's native wildlife and plantspecies and communities, and the fair and equitable allocation of the waterresource among users and uses, and to insure that long-range rather thanshort-range considerations remain uppermost.
(2) To support these objectives adequate data is essential todetermine the capabilities of the state's water resources to support varioususes and users and the quantities of water needed for these uses.
(3) This requirement shall be carried out by management offresh water resources of the state based on long-range planning for andconservation of these resources; fairness, equitable distribution, andconsideration for all human uses; matching the use of water with the quality ofwater necessary for each use, giving priority to those uses that require thehighest quality water; maintenance of native aquatic and terrestrial animal andplant species, populations, and communities and statewide diversity; continuedupholding of and improvement in the quality of the environment and especiallyof the water resources itself; and careful integration with all other social,economic, and environmental objectives, programs, and plans of the state.
(4) The water resources board is the state agency whichmanages the withdrawal and use of the waters of the state of Rhode Island.
(5) With regard to agriculture, it is a priority of the stateto preserve agriculture; securing this state priority involves allocation ofwater resources in a manner that provides for agricultural sustainability whilerecognizing the importance of other water uses, and accordingly, in any programby which water withdrawals may be allocated by the board pursuant to itspowers, including, but not limited to, powers set forth in chapters 15, 15.1,15.3 and 15.7 of this title, the board shall give priority to commercialagricultural producers, as defined in § 46-15.3-4(2), that have adoptedand implemented an agricultural water withdrawal management plan which has beenapproved by the department of environmental management, division ofagriculture, consistent with duly adopted plans and estimates regarding theaggregated supply available from the affected water resource. In putting intoeffect the purposes of this subdivision, the board shall consider the reductionin water withdrawal that has resulted from the implementation of anagricultural water withdrawal management plan as a credit against any reductionin water withdrawal which would otherwise be required; and to the extent notinconsistent:
(i) With the board's obligations to assure drinking watersupplies under chapter 15.3 of this title and water supplies for fireprotection; and
(ii) With federal and state law, the board shall allowcommercial agricultural producers to continue to irrigate commercial cropseither in fields or greenhouses, notwithstanding a critical dry period.