§ 46-28-8 - Local watershed councils.
SECTION 46-28-8
§ 46-28-8 Local watershed councils. –(a) The rivers council shall establish and recognize local watershed councilsto implement the rivers policy as adopted in accordance with the provisions ofthis chapter and set forth in the state guide plan. Unless a watershed issolely within one municipality's boundaries, each local watershed council shallbe comprised of members from each municipality within the watershed area asdesignated by the department of environmental management. Such local watershedcouncils may be existing organizations where appropriate.
(b) Local watershed councils shall have standing to presenttestimony in all state and local administrative proceedings which impact onrivers and water quality and shall receive notice, pursuant to rules adopted bythe council, from state or city and town agencies regarding proposed actionspertaining to projects, developments and activities located wholly or partiallywithin the watershed represented by the local watershed council.
(c) Each local watershed council shall be a body corporateand politic, having a distinct legal existence from the state and anymunicipality within the watershed area in which such local watershed council islocated. Each local watershed council shall have power:
(1) To advise and make recommendations for the watershed inthe municipality where such watershed is located for the preparation orrevision by the municipality of its comprehensive land use plan pursuant to theRhode Island Comprehensive Planning and Land Use Regulation Act with regard toachieving and maintaining classifications assigned by the rivers council;
(2) To advise the municipalities with regard to public accessto rivers for the preparation or revision by the municipality of acomprehensive land use plan pursuant to the Rhode Island Comprehensive Planningand Land Use Regulation Act;
(3) To establish and support river watch programs for theprotection of the watershed in which it is located;
(4) To negotiate payments between two (2) or more of themunicipalities within the watershed for the conduct of services or the erectionof projects necessary for the purposes of the local watershed council, subjectto majority vote of each of the city and town councils participating in eachprogram or project;
(5) To acquire, hold, use, lease, sell, transfer, and disposeof any property, real, personal, or mixed, or interest or interests thereon;
(6) To own, operate, maintain, repair, improve, enlarge, andextend, in accordance with the provisions of this chapter, any propertyacquired hereunder, all of which, together with the acquisition of suchproperty, are hereby declared to be public purposes; and
(7) To sell, lease, convey, or otherwise dispose of to any ofthe municipalities within the watershed any property or improvements thereto,which the local watershed council may hereafter acquire or construct; provided,however, that any sale, lease, conveyance, or other disposition of the propertyshall not prejudice or adversely affect any service which the local watershedcouncil is providing to any other participating city or town;
(8) To sue and be sued in connection with any contracts madeby, real estate or personal property owned by or leases or conveyances made bythe local watershed council;
(9) To adopt and order a corporate seal;
(10) To make bylaws for the management and regulation of itsaffairs;
(11) To borrow money for any of its corporate purposesincluding the creation and maintenance of working capital;
(12) To fix rates and collect charges for the use of thefacilities of or services rendered by or any commodities furnished by the localwatershed council; and to pay as the same shall become due the expenses ofoperating and maintaining the properties of the river watershed council;
(13) To contract in its own name for any lawful purpose whichwould effectuate the purposes of this chapter; to execute all the instrumentsnecessary to carry out the purposes of this chapter; to do all things necessaryor convenient to carry out the powers expressly granted by this chapter. It isthe intention of the legislature that any property acquired by the localwatershed councils pursuant to the provisions of this chapter shall be financedas a self-liquidating enterprise, and that any indebtedness incurred by thelocal watershed councils shall be payable solely from the earnings or revenuesderived from all or part of the property acquired by such river watershedcouncil. Any indebtedness incurred by the local watershed councils shall not bedeemed to constitute a debt or a pledge of the faith and credit of the state orof any municipality;
(14) To enter into cooperative agreements with other citiesand towns, for any lawful corporate purposes necessary and desirable to effectthe purposes of this chapter;
(15) In the performance of its functions the local watershedcouncil may recommend to municipalities land and water conservation programsconsistent with the state rivers policy provided for in § 46-28-7;
(16) To apply for, contract for, and expend any federal orstate advances or grants or assistance which may be made available for purposesof this chapter.