§ 46-15.2-6. Decision on application and financing.
(a) Except as provided in § 46-15.2-4(d) with respect to intersystem facilities, no project shall be approved by the water
resources board unless the project has been approved by the division of public utilities
and carriers, as set forth in § 46-15.2-5(e), by the state planning council, as set forth in § 46-15.2-5(f), and by the department of the environmental management. The water resources board
shall approve the project based upon its finding of fact, as provided in § 46-15.2-5(d)(1) through (d)(8), and upon approval by the division of public utilities and carriers,
the state planning council, and the department of the environmental management. A
project disapproved by either the division of public utilities and carriers, the state
planning council, the department of health or the department of environmental management
shall not be approved by the water resources board.
(b) The water resources board shall not approve a transmission facility project and intersystem
facility project unless the applicant first adequately demonstrates that its seventy-five
percent (75%) share or fifty percent (50%) share, as the case may be, of the project
cost is available and obligated to the project.
(c) The water resources board shall not approve a project unless sufficient state funds
to provide the state's share of the project cost are available.
(d) The water resources board shall ensure that the state's share of a project cannot
be used by or transferred to a private or investor-owned water company.
(e) Upon approval of a proposed project as set forth in § 46-15.2-5, the water resources board shall so notify the applicant and shall establish the
amount of state participation in the project representing the appropriate state share
of eligible costs as determined from the application. Costs incurred in excess of
those set forth in the application shall not automatically increase the amount of
state participation. However, the applicant may submit a subsequent proposal, in accordance
with § 46-15.2-4 and 46-15.2-5, that requests state participation in those costs. If the project is completed at
a cost below that set forth in the application, the amount of state participation
shall be reduced proportionately.
(f) The water resources board shall establish a schedule by which state funds shall be
paid to the applicant that ensures that funds are disbursed only when required for
the project.
(g) The water resources board is empowered to issue rules and regulations to provide proper
security for the state's grant-in-aid for each approved project.
(h) The water resources board may condition the approval of any intersystem facilities
project on the applicant agreeing that it will not charge any water system which uses
such a facility an amount in excess of its costs for purchase, production, and transmission
of water to the user, and an appropriate portion of its cost of repair, maintenance,
and replacement of the facility based upon the capacity allocated to the user.