§ 46-15-4 - Procedure for approval of maps and plans.
SECTION 46-15-4
§ 46-15-4 Procedure for approval of mapsand plans. – (a) Whenever the approval of any project as provided in this chapter isrequired, the application shall be made by the petitioner in writing, theapplication shall be accompanied by proof of adequate authorization for theproject, and such exhibits as may be necessary clearly to indicate the scope ofthe proposed project, including, but not limited to, a map of the lands to beacquired, if any, and preliminary plans of the works proposed to beconstructed. The application shall also show, where applicable, the need forthe particular source or sources of supply and the reasons therefor, and shallalso indicate the method of determining and providing for the payment of theproper compensation for any and all legal damages to persons or property,whether direct or indirect, which will result from the acquiring of the landsand the execution of the plans. The petition shall also be accomplished by suchproof as to the character and purity of the water supply proposed to beacquired or used as the director of the department of health shall require andany proposed method of treatment of the supply.
(b) The water resources board shall thereupon cause publicnotice to be given in a newspaper of general circulation, at least seven (7)days prior, that on a day and at a place therein specified it will hold apublic hearing for the purpose of receiving evidence and hearing arguments fromall persons and organizations that may be affected by the proposed project,including the recommendations of the director of the department of health andof the state planning council.
(c) The water resources board shall, upon the day specifiedin the notice, or upon such subsequent day or days to which it may adjourn thehearing, proceed to examine the maps and plans and to hear the proofs andarguments submitted in support of and in opposition to the proposed project.The water resources board, after a hearing, shall determine whether the plansproposed are justified by public necessity, whether they provide for the properand safe construction of all work connected therewith, whether they provide forthe proper protection of the supply and the watershed from contaminations orprovide for the proper treatment of an additional supply, whether the plans arejust and equitable to the other municipalities affected thereby and to theinhabitants thereof, particular consideration being given to their present andfuture necessities for sources of water supply, and whether the plans make fairand equitable provisions for the determination and payment of any and all legaldamages to persons and property, both direct and indirect, which will resultfrom the execution of the plans or the acquiring of those lands.
(d) The water resources board shall within ninety (90) daysafter the close of the hearing, and after consideration of the recommendationsof the director of the department of health and of the state planning council,make a final decision in writing, either approving the application, maps, andplans as presented, or under such conditions or with such modifications in theapplication, maps, and plans as may be determined to be necessary to providesatisfactory compliance by the applicant with any and all of the subjects andmatters required to be determined by the water resources board in thissubsection, or to bring into cooperation all persons, municipal waterdepartments or agencies, special water districts, or private water companieswhich may be affected by the project; or it may reject the application entirelyor permit another to be filed in lieu thereof, but it shall, however, make areasonable effort to meet the needs of the applicant, with due regard to theactual or prospective needs, interests, and rights of others which may beaffected by the proposed projects.