§ 46-15-4. Procedure for approval of maps and plans.
(a) Whenever the approval of any project as provided in this chapter is required, the
application shall be made by the petitioner in writing, the application shall be accompanied
by proof of adequate authorization for the project, and such exhibits as may be necessary
clearly to indicate the scope of the proposed project, including, but not limited
to, a map of the lands to be acquired, if any, and preliminary plans of the works
proposed to be constructed. The application shall also show, where applicable, the
need for the particular source or sources of supply and the reasons therefor, and
shall also indicate the method of determining and providing for the payment of the
proper compensation for any and all legal damages to persons or property, whether
direct or indirect, which will result from the acquiring of the lands and the execution
of the plans. The petition shall also be accomplished by such proof as to the character
and purity of the water supply proposed to be acquired or used as the director of
the department of health shall require and any proposed method of treatment of the
supply.
(b) The water resources board shall thereupon cause public notice 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 a public hearing for the purpose of receiving evidence
and hearing arguments from all persons and organizations that may be affected by the
proposed project, including the recommendations of the director of the department
of health and of the state planning council.
(c) The water resources board shall, upon the day specified in the notice, or upon such
subsequent day or days to which it may adjourn the hearing, proceed to examine the
maps and plans and to hear the proofs and arguments submitted in support of and in
opposition to the proposed project. The water resources board, after a hearing, shall
determine whether the plans proposed are justified by public necessity, whether they
provide for the proper and safe construction of all work connected therewith, whether
they provide for the proper protection of the supply and the watershed from contaminations
or provide for the proper treatment of an additional supply, whether the plans are
just and equitable to the other municipalities affected thereby and to the inhabitants
thereof, particular consideration being given to their present and future necessities
for sources of water supply, and whether the plans make fair and equitable provisions
for the determination and payment of any and all legal damages to persons and property,
both direct and indirect, which will result from the execution of the plans or the
acquiring of those lands.
(d) The water resources board shall within ninety (90) days after the close of the hearing,
and after consideration of the recommendations of the director of the department of
health and of the state planning council, make a final decision in writing, either
approving the application, maps, and plans as presented, or under such conditions
or with such modifications in the application, maps, and plans as may be determined
to be necessary to provide satisfactory compliance by the applicant with any and all
of the subjects and matters required to be determined by the water resources board
in this subsection, or to bring into cooperation all persons, municipal water departments
or agencies, special water districts, or private water companies which may be affected
by the project; or it may reject the application entirely or permit another to be
filed in lieu thereof, but it shall, however, make a reasonable effort to meet the
needs of the applicant, with due regard to the actual or prospective needs, interests,
and rights of others which may be affected by the proposed projects.