§ 46-28-8. Local watershed councils.
(a) The rivers council shall establish and recognize local watershed councils to implement
the rivers policy as adopted in accordance with the provisions of this chapter and
set forth in the state guide plan. Unless a watershed is solely within one municipality's
boundaries, each local watershed council shall be comprised of members from each municipality
within the watershed area as designated by the department of environmental management.
Such local watershed councils may be existing organizations where appropriate.
(b) Local watershed councils shall have standing to present testimony in all state and
local administrative proceedings which impact on rivers and water quality and shall
receive notice, pursuant to rules adopted by the council, from state or city and town
agencies regarding proposed actions pertaining to projects, developments and activities
located wholly or partially within the watershed represented by the local watershed
council.
(c) Each local watershed council shall be a body corporate and politic, having a distinct
legal existence from the state and any municipality within the watershed area in which
such local watershed council is located. Each local watershed council shall have power:
(1) To advise and make recommendations for the watershed in the municipality where such
watershed is located for the preparation or revision by the municipality of its comprehensive
land use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation
Act with regard to achieving and maintaining classifications assigned by the rivers
council;
(2) To advise the municipalities with regard to public access to rivers for the preparation
or revision by the municipality of a comprehensive land use plan pursuant to the Rhode
Island Comprehensive Planning and Land Use Regulation Act;
(3) To establish and support river watch programs for the protection of the watershed
in which it is located;
(4) To negotiate payments between two (2) or more of the municipalities within the watershed
for the conduct of services or the erection of projects necessary for the purposes
of the local watershed council, subject to majority vote of each of the city and town
councils participating in each program or project;
(5) To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal,
or mixed, or interest or interests thereon;
(6) To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with
the provisions of this chapter, any property acquired hereunder, all of which, together
with the acquisition of such property, are hereby declared to be public purposes;
and
(7) To sell, lease, convey, or otherwise dispose of to any of the 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 property shall not prejudice or adversely affect any service
which the local watershed council is providing to any other participating city or
town;
(8) To sue and be sued in connection with any contracts made by, real estate or personal
property owned by or leases or conveyances made by the local watershed council;
(9) To adopt and order a corporate seal;
(10) To make bylaws for the management and regulation of its affairs;
(11) To borrow money for any of its corporate purposes including the creation and maintenance
of working capital;
(12) To fix rates and collect charges for the use of the facilities of or services rendered
by or any commodities furnished by the local watershed council; and to pay as the
same shall become due the expenses of operating and maintaining the properties of
the river watershed council;
(13) To contract in its own name for any lawful purpose which would effectuate the purposes
of this chapter; to execute all the instruments necessary to carry out the purposes
of this chapter; to do all things necessary or convenient to carry out the powers
expressly granted by this chapter. It is the intention of the legislature that any
property acquired by the local watershed councils pursuant to the provisions of this
chapter shall be financed as a self-liquidating enterprise, and that any indebtedness
incurred by the local watershed councils shall be payable solely from the earnings
or revenues derived from all or part of the property acquired by such river watershed
council. Any indebtedness incurred by the local watershed councils shall not be deemed
to constitute a debt or a pledge of the faith and credit of the state or of any municipality;
(14) To enter into cooperative agreements with other cities and towns, for any lawful corporate
purposes necessary and desirable to effect the purposes of this chapter;
(15) In the performance of its functions the local watershed council may recommend to municipalities
land and water conservation programs consistent with the state rivers policy provided
for in § 46-28-7;
(16) To apply for, contract for, and expend any federal or state advances or grants or
assistance which may be made available for purposes of this chapter.