State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-48 > 45-48-5

SECTION 45-48-5

   § 45-48-5  Exclusive authority for waterdistribution – Rates – Contracts. – (a) The district is authorized to obtain and maintain for the district a supplyof water for the extinguishing of fire and for distribution to the inhabitantsof the district, for domestic use and for other purposes, and may obtain thatwater by the establishment of its own works, or by contracting for it asprovided in subsection (c), or in any other manner that the district may deemnecessary and proper, and is not inconsistent with law. The district may alsofurnish water to inhabitants of the town of Burrillville outside of theboundaries of the district. If the district undertakes to distribute the waterso obtained, it shall have the exclusive right to it, and may maintain anaction against any person for using the water without the consent of thedistrict, and may regulate the distribution and use of the water within andwithout the district, and from time to time fix water rates and charges for thewater and water facilities furnished by the district, which may be based uponthe quantity of water used, or the number and kind of water connections made,or the number and kind of plumbing fixtures installed on the estate, or uponthe number or average number of persons residing or working in or otherwiseconnected with the estate, or upon any other factor affecting the use of or thevalue or cost of the water and water facilities furnished, or upon anycombination of these factors, and the owner of any house, building, tenement,or estate is liable for the payment of the water rates and charges fixed by thedistrict; and the water rate and charges are be a lien upon the house,building, tenement, and estate in the same way and manner as taxes assessed onreal estate or liens, and, if not paid as required by the district, shall becollected by the district in the same manner that taxes assessed on real estateare by law collected. Nothing in this section, or any other section of thischapter, shall be construed as giving to the district an exclusive franchise tofurnish water outside of the boundaries of the district.

   (b) Without limiting the generality of the previousprovisions as to water rates and charges, any contract for the sale of water toinhabitants of the town of Burrillville outside of the boundaries of thedistrict may be recorded in the same manner as a deed of land, and, upon therecording, the obligations of the owner of the real property involved are alien on the property and the lien is enforceable in the same manner as taxesassessed on real estate are by law collected.

   (c) The district is authorized to contract, for periods notexceeding forty (40) years, with the state, any other municipal or quasimunicipal corporation, or with the owners of any privately owned water systemfor the purchase or sale of water or for the use of water facilities, and thestate, the other municipal or quasi municipal corporations, and the owners ofprivately owned water systems are authorized to enter into contracts with thedistrict. In the event that the Nasonville district is furnished with waterthrough the extension of an existing water system not within the district, theextension to the Nasonville district shall not cause the existing water systemto be deemed a public utility if, prior to the extension, the system had notbeen a public utility as defined in § 39-1-2(20). Nor shall Nasonvilledistrict be deemed a public utility pursuant to that section if it supplieswater to homes outside of the district where the groundwater is, or reasonablymay be expected to become, contaminated in a manner that would render it unfitfor consumption.

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-48 > 45-48-5

SECTION 45-48-5

   § 45-48-5  Exclusive authority for waterdistribution – Rates – Contracts. – (a) The district is authorized to obtain and maintain for the district a supplyof water for the extinguishing of fire and for distribution to the inhabitantsof the district, for domestic use and for other purposes, and may obtain thatwater by the establishment of its own works, or by contracting for it asprovided in subsection (c), or in any other manner that the district may deemnecessary and proper, and is not inconsistent with law. The district may alsofurnish water to inhabitants of the town of Burrillville outside of theboundaries of the district. If the district undertakes to distribute the waterso obtained, it shall have the exclusive right to it, and may maintain anaction against any person for using the water without the consent of thedistrict, and may regulate the distribution and use of the water within andwithout the district, and from time to time fix water rates and charges for thewater and water facilities furnished by the district, which may be based uponthe quantity of water used, or the number and kind of water connections made,or the number and kind of plumbing fixtures installed on the estate, or uponthe number or average number of persons residing or working in or otherwiseconnected with the estate, or upon any other factor affecting the use of or thevalue or cost of the water and water facilities furnished, or upon anycombination of these factors, and the owner of any house, building, tenement,or estate is liable for the payment of the water rates and charges fixed by thedistrict; and the water rate and charges are be a lien upon the house,building, tenement, and estate in the same way and manner as taxes assessed onreal estate or liens, and, if not paid as required by the district, shall becollected by the district in the same manner that taxes assessed on real estateare by law collected. Nothing in this section, or any other section of thischapter, shall be construed as giving to the district an exclusive franchise tofurnish water outside of the boundaries of the district.

   (b) Without limiting the generality of the previousprovisions as to water rates and charges, any contract for the sale of water toinhabitants of the town of Burrillville outside of the boundaries of thedistrict may be recorded in the same manner as a deed of land, and, upon therecording, the obligations of the owner of the real property involved are alien on the property and the lien is enforceable in the same manner as taxesassessed on real estate are by law collected.

   (c) The district is authorized to contract, for periods notexceeding forty (40) years, with the state, any other municipal or quasimunicipal corporation, or with the owners of any privately owned water systemfor the purchase or sale of water or for the use of water facilities, and thestate, the other municipal or quasi municipal corporations, and the owners ofprivately owned water systems are authorized to enter into contracts with thedistrict. In the event that the Nasonville district is furnished with waterthrough the extension of an existing water system not within the district, theextension to the Nasonville district shall not cause the existing water systemto be deemed a public utility if, prior to the extension, the system had notbeen a public utility as defined in § 39-1-2(20). Nor shall Nasonvilledistrict be deemed a public utility pursuant to that section if it supplieswater to homes outside of the district where the groundwater is, or reasonablymay be expected to become, contaminated in a manner that would render it unfitfor consumption.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-45 > Chapter-45-48 > 45-48-5

SECTION 45-48-5

   § 45-48-5  Exclusive authority for waterdistribution – Rates – Contracts. – (a) The district is authorized to obtain and maintain for the district a supplyof water for the extinguishing of fire and for distribution to the inhabitantsof the district, for domestic use and for other purposes, and may obtain thatwater by the establishment of its own works, or by contracting for it asprovided in subsection (c), or in any other manner that the district may deemnecessary and proper, and is not inconsistent with law. The district may alsofurnish water to inhabitants of the town of Burrillville outside of theboundaries of the district. If the district undertakes to distribute the waterso obtained, it shall have the exclusive right to it, and may maintain anaction against any person for using the water without the consent of thedistrict, and may regulate the distribution and use of the water within andwithout the district, and from time to time fix water rates and charges for thewater and water facilities furnished by the district, which may be based uponthe quantity of water used, or the number and kind of water connections made,or the number and kind of plumbing fixtures installed on the estate, or uponthe number or average number of persons residing or working in or otherwiseconnected with the estate, or upon any other factor affecting the use of or thevalue or cost of the water and water facilities furnished, or upon anycombination of these factors, and the owner of any house, building, tenement,or estate is liable for the payment of the water rates and charges fixed by thedistrict; and the water rate and charges are be a lien upon the house,building, tenement, and estate in the same way and manner as taxes assessed onreal estate or liens, and, if not paid as required by the district, shall becollected by the district in the same manner that taxes assessed on real estateare by law collected. Nothing in this section, or any other section of thischapter, shall be construed as giving to the district an exclusive franchise tofurnish water outside of the boundaries of the district.

   (b) Without limiting the generality of the previousprovisions as to water rates and charges, any contract for the sale of water toinhabitants of the town of Burrillville outside of the boundaries of thedistrict may be recorded in the same manner as a deed of land, and, upon therecording, the obligations of the owner of the real property involved are alien on the property and the lien is enforceable in the same manner as taxesassessed on real estate are by law collected.

   (c) The district is authorized to contract, for periods notexceeding forty (40) years, with the state, any other municipal or quasimunicipal corporation, or with the owners of any privately owned water systemfor the purchase or sale of water or for the use of water facilities, and thestate, the other municipal or quasi municipal corporations, and the owners ofprivately owned water systems are authorized to enter into contracts with thedistrict. In the event that the Nasonville district is furnished with waterthrough the extension of an existing water system not within the district, theextension to the Nasonville district shall not cause the existing water systemto be deemed a public utility if, prior to the extension, the system had notbeen a public utility as defined in § 39-1-2(20). Nor shall Nasonvilledistrict be deemed a public utility pursuant to that section if it supplieswater to homes outside of the district where the groundwater is, or reasonablymay be expected to become, contaminated in a manner that would render it unfitfor consumption.