§ 46-15-2 - Approval of public water supply facilities.
SECTION 46-15-2
§ 46-15-2 Approval of public water supplyfacilities. – (a) No municipal water department or agency, public water system, includingspecial water districts or private water company, engaged in the distributionof water for potable purposes shall have any power:
(1) To acquire or take a water supply or an additional watersupply from an existing approved source;
(2) To take or condemn lands for any new or additionalsources of water supply or for the utilization of supplies;
(3) To extend its supply or distribution mains into amunicipality or special water district wherein it has not heretofore legallysupplied 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 municipalityor civil division of the state which owns and operates a water supply systemtherein, or in any duly organized special water district supplied with water byanother municipal water department or agency, special water district, orprivate water company, until the municipal water department or agency, specialwater district, or private water company has first submitted the maps and planstherefor to the director of the department of health, the state planningcouncil and the board, as hereinafter provided, and until the water resourcesboard, after receiving the recommendations of the director of the department ofhealth and the division of statewide planning, shall have approved therecommendations or approved the recommendation with modifications as it maydetermine to be necessary; provided, however, this subsection shall not applyto any area presently served by any municipal water department or agency, orspecial water district.
(b) Approval shall not be necessary of any plan or work forthe extension of supply or distributing mains or pipes of a municipal watersupply plant or special district or private water company into and for thepurpose of supplying water in any territory within the limits of themunicipality or special district or within the franchise area of the privatewater company, owning the plant, including territory within the municipalspecial district or franchise limits which has not been heretofore suppliedwith the water by the plant, nor for the reconstruction or replacement ofexisting facilities in connection with an existing plant, wherein the capacityof the plant is in no way increased, nor for the construction of filtration orother treatment facilities which will not in any way increase the amount ofwater which can be made available from the present sources of supply.
(c) The water resources board shall enforce the provisions ofthis section, and the superior court by injunction may, upon application of thewater resources board, prevent any action to be taken by any municipal wateragency or department, special district, or private water company without theapproval of the water resources board as required by this section.