§ 46-15.1-5 Powers. – (a) The board shall carry out its functions and shall have the following powers:
(1) To adopt a seal and to alter the seal from time to time;
(2) To sue and be sued;
(3) To purchase, hold, and dispose of real and personalproperty, or interests therein, and to lease the property as lessee or lessor;
(4) To make or cause to be made such surveys and borings asit may deem necessary;
(5) To engage engineering, legal, accounting, and otherprofessional services;
(6) To make contracts;
(7) To employ personnel and fix their rates of compensation;
(8) To borrow money and issue its bonds and notes ashereinafter provided;
(9) To apply and contract for and to expend assistance fromthe United States or other sources, whether in the form of a grant or loan orotherwise;
(10) To adopt and amend bylaws for the regulation of itsaffairs and the conduct of its business;
(11) To invest or deposit funds in demand deposits, savingsdeposits, and time deposits in any bank or trust company which is a member ofthe Federal Deposit Insurance Corporation or in any obligations issued orguaranteed by the United States or any agency or instrumentality thereof, or asprovided in § 35-10-11;
(12) To establish, operate, and maintain or lease to others,or contract with others for the use of, such water supply facilities as may bereasonably required for the fulfillment of its purposes;
(13) To purchase and sell water;
(14) To exercise such other powers as may be necessary orincidental to the exercise of the foregoing powers or to the accomplishment ofthe purposes of the board;
(15) To acquire, within the limitation of funds therefor, thesites, appurtenant marginal lands, dams, waters, water rights, rights of way,easements, and other property in interests in property for reservoirs,groundwater wells, well sites, and for such pipe lines, aqueducts, pumpingstations, filtration plants, and auxiliary structures as may be necessary ordesirable for the treatment and distribution of water from those reservoirs,groundwater wells, and well sites. Lands acquired under the provisions of thissection shall be acquired with the approval of the governor by purchase, gift,devise, or otherwise on such terms and conditions as the board shall determine,or by the exercise of eminent domain, in accordance with the provisions ofchapter 6 of title 37, as amended, insofar as those provisions are consistentwith the provisions hereof;
(16) To construct or purchase water reservoirs, wells andwell sites, processing facilities, transmission or distribution systems, andother facilities, including existing facilities of municipal water agencies ordepartments, special water districts, or private water companies, necessary toaccomplish the purposes of this chapter and to implement its plans and program;
(17) To acquire the assets, assume the liabilities, or toeffect the merger into itself of any corporation or other organization,including public or private water supply systems incorporated or organizedunder the laws of this state, which corporation or organization has as itsprincipal business the establishment of water supply facilities or provision ofrelated services, all upon such terms and for such consideration as the boardshall deem to be appropriate;
(18) To lease, sell, or otherwise convey any reservoir sitesor other water supply or distribution facilities acquired, constructed, orpurchased by the board to any municipal water agency or department or specialwater district or private water company, upon such terms as the board shalldeem appropriate;
(19) To provide for cooperative development, conservation,and use of water resources by the state, municipal agencies or departments,special water districts or privately owned water systems, the board may:
(i) Authorize publicly or privately owned water supplyagencies to build structures or install equipment on land owned or leased bythe board.
(ii) Enter into contracts with publicly or privately ownedwater supply agencies for operation of any facilities owned or leased by theboard or operate any such facility by itself.
(20) To enter into contracts to supply raw or processed waterto publicly or privately owned water supply agencies, which shall be approvedas to substance by the director of administration and as to form by theattorney general;
(21) To review all plans and proposals for construction orinstallation of facilities for water supply in accordance with the applicablesections of chapter 15 of this title;
(22) To make loans to publicly owned water supply agenciesfor acquisition, construction, and renovation of water supply facilities fromfunds which may be appropriated for this purpose by the general assembly, frombonds issued for this purpose, or from other funds which may become availableto the board for this purpose;
(23) To borrow money temporarily from the water developmentfund, for the purposes of this chapter, and to implement its plans and programsrelating to reservoir development, exclusive of the acquisition of sites forthe development of surface reservoirs, in anticipation of revenue or federalaid;
(24) To enter into contracts and/or agreements with suchdepartments, divisions, agencies, or boards of the state as are directed by thegovernor to regulate, manage, or perform related functions on any lands orwaters acquired under the provisions of the Big River – Wood RiverReservoir Site Acquisition Act (P.L. of 1964, chapter 133); and
(25) To compensate the departments, divisions, agencies, orboards from the water development fund in an amount equal to the cost ofproviding the functions or services as are directed to be performed by thegovernor. The compensation shall be mandatory and shall be provided accordingto procedures established by the department of administration.
(b) The board as a body politic and corporate and publicinstrumentality created pursuant to this chapter is subject to §46-15.1-5(1) – (25). The board as the state agency pursuant to chapter 15of this title is subject to § 46-15.1-5(15) – (25).
§ 46-15.1-5 Powers. – (a) The board shall carry out its functions and shall have the following powers:
(1) To adopt a seal and to alter the seal from time to time;
(2) To sue and be sued;
(3) To purchase, hold, and dispose of real and personalproperty, or interests therein, and to lease the property as lessee or lessor;
(4) To make or cause to be made such surveys and borings asit may deem necessary;
(5) To engage engineering, legal, accounting, and otherprofessional services;
(6) To make contracts;
(7) To employ personnel and fix their rates of compensation;
(8) To borrow money and issue its bonds and notes ashereinafter provided;
(9) To apply and contract for and to expend assistance fromthe United States or other sources, whether in the form of a grant or loan orotherwise;
(10) To adopt and amend bylaws for the regulation of itsaffairs and the conduct of its business;
(11) To invest or deposit funds in demand deposits, savingsdeposits, and time deposits in any bank or trust company which is a member ofthe Federal Deposit Insurance Corporation or in any obligations issued orguaranteed by the United States or any agency or instrumentality thereof, or asprovided in § 35-10-11;
(12) To establish, operate, and maintain or lease to others,or contract with others for the use of, such water supply facilities as may bereasonably required for the fulfillment of its purposes;
(13) To purchase and sell water;
(14) To exercise such other powers as may be necessary orincidental to the exercise of the foregoing powers or to the accomplishment ofthe purposes of the board;
(15) To acquire, within the limitation of funds therefor, thesites, appurtenant marginal lands, dams, waters, water rights, rights of way,easements, and other property in interests in property for reservoirs,groundwater wells, well sites, and for such pipe lines, aqueducts, pumpingstations, filtration plants, and auxiliary structures as may be necessary ordesirable for the treatment and distribution of water from those reservoirs,groundwater wells, and well sites. Lands acquired under the provisions of thissection shall be acquired with the approval of the governor by purchase, gift,devise, or otherwise on such terms and conditions as the board shall determine,or by the exercise of eminent domain, in accordance with the provisions ofchapter 6 of title 37, as amended, insofar as those provisions are consistentwith the provisions hereof;
(16) To construct or purchase water reservoirs, wells andwell sites, processing facilities, transmission or distribution systems, andother facilities, including existing facilities of municipal water agencies ordepartments, special water districts, or private water companies, necessary toaccomplish the purposes of this chapter and to implement its plans and program;
(17) To acquire the assets, assume the liabilities, or toeffect the merger into itself of any corporation or other organization,including public or private water supply systems incorporated or organizedunder the laws of this state, which corporation or organization has as itsprincipal business the establishment of water supply facilities or provision ofrelated services, all upon such terms and for such consideration as the boardshall deem to be appropriate;
(18) To lease, sell, or otherwise convey any reservoir sitesor other water supply or distribution facilities acquired, constructed, orpurchased by the board to any municipal water agency or department or specialwater district or private water company, upon such terms as the board shalldeem appropriate;
(19) To provide for cooperative development, conservation,and use of water resources by the state, municipal agencies or departments,special water districts or privately owned water systems, the board may:
(i) Authorize publicly or privately owned water supplyagencies to build structures or install equipment on land owned or leased bythe board.
(ii) Enter into contracts with publicly or privately ownedwater supply agencies for operation of any facilities owned or leased by theboard or operate any such facility by itself.
(20) To enter into contracts to supply raw or processed waterto publicly or privately owned water supply agencies, which shall be approvedas to substance by the director of administration and as to form by theattorney general;
(21) To review all plans and proposals for construction orinstallation of facilities for water supply in accordance with the applicablesections of chapter 15 of this title;
(22) To make loans to publicly owned water supply agenciesfor acquisition, construction, and renovation of water supply facilities fromfunds which may be appropriated for this purpose by the general assembly, frombonds issued for this purpose, or from other funds which may become availableto the board for this purpose;
(23) To borrow money temporarily from the water developmentfund, for the purposes of this chapter, and to implement its plans and programsrelating to reservoir development, exclusive of the acquisition of sites forthe development of surface reservoirs, in anticipation of revenue or federalaid;
(24) To enter into contracts and/or agreements with suchdepartments, divisions, agencies, or boards of the state as are directed by thegovernor to regulate, manage, or perform related functions on any lands orwaters acquired under the provisions of the Big River – Wood RiverReservoir Site Acquisition Act (P.L. of 1964, chapter 133); and
(25) To compensate the departments, divisions, agencies, orboards from the water development fund in an amount equal to the cost ofproviding the functions or services as are directed to be performed by thegovernor. The compensation shall be mandatory and shall be provided accordingto procedures established by the department of administration.
(b) The board as a body politic and corporate and publicinstrumentality created pursuant to this chapter is subject to §46-15.1-5(1) – (25). The board as the state agency pursuant to chapter 15of this title is subject to § 46-15.1-5(15) – (25).
§ 46-15.1-5 Powers. – (a) The board shall carry out its functions and shall have the following powers:
(1) To adopt a seal and to alter the seal from time to time;
(2) To sue and be sued;
(3) To purchase, hold, and dispose of real and personalproperty, or interests therein, and to lease the property as lessee or lessor;
(4) To make or cause to be made such surveys and borings asit may deem necessary;
(5) To engage engineering, legal, accounting, and otherprofessional services;
(6) To make contracts;
(7) To employ personnel and fix their rates of compensation;
(8) To borrow money and issue its bonds and notes ashereinafter provided;
(9) To apply and contract for and to expend assistance fromthe United States or other sources, whether in the form of a grant or loan orotherwise;
(10) To adopt and amend bylaws for the regulation of itsaffairs and the conduct of its business;
(11) To invest or deposit funds in demand deposits, savingsdeposits, and time deposits in any bank or trust company which is a member ofthe Federal Deposit Insurance Corporation or in any obligations issued orguaranteed by the United States or any agency or instrumentality thereof, or asprovided in § 35-10-11;
(12) To establish, operate, and maintain or lease to others,or contract with others for the use of, such water supply facilities as may bereasonably required for the fulfillment of its purposes;
(13) To purchase and sell water;
(14) To exercise such other powers as may be necessary orincidental to the exercise of the foregoing powers or to the accomplishment ofthe purposes of the board;
(15) To acquire, within the limitation of funds therefor, thesites, appurtenant marginal lands, dams, waters, water rights, rights of way,easements, and other property in interests in property for reservoirs,groundwater wells, well sites, and for such pipe lines, aqueducts, pumpingstations, filtration plants, and auxiliary structures as may be necessary ordesirable for the treatment and distribution of water from those reservoirs,groundwater wells, and well sites. Lands acquired under the provisions of thissection shall be acquired with the approval of the governor by purchase, gift,devise, or otherwise on such terms and conditions as the board shall determine,or by the exercise of eminent domain, in accordance with the provisions ofchapter 6 of title 37, as amended, insofar as those provisions are consistentwith the provisions hereof;
(16) To construct or purchase water reservoirs, wells andwell sites, processing facilities, transmission or distribution systems, andother facilities, including existing facilities of municipal water agencies ordepartments, special water districts, or private water companies, necessary toaccomplish the purposes of this chapter and to implement its plans and program;
(17) To acquire the assets, assume the liabilities, or toeffect the merger into itself of any corporation or other organization,including public or private water supply systems incorporated or organizedunder the laws of this state, which corporation or organization has as itsprincipal business the establishment of water supply facilities or provision ofrelated services, all upon such terms and for such consideration as the boardshall deem to be appropriate;
(18) To lease, sell, or otherwise convey any reservoir sitesor other water supply or distribution facilities acquired, constructed, orpurchased by the board to any municipal water agency or department or specialwater district or private water company, upon such terms as the board shalldeem appropriate;
(19) To provide for cooperative development, conservation,and use of water resources by the state, municipal agencies or departments,special water districts or privately owned water systems, the board may:
(i) Authorize publicly or privately owned water supplyagencies to build structures or install equipment on land owned or leased bythe board.
(ii) Enter into contracts with publicly or privately ownedwater supply agencies for operation of any facilities owned or leased by theboard or operate any such facility by itself.
(20) To enter into contracts to supply raw or processed waterto publicly or privately owned water supply agencies, which shall be approvedas to substance by the director of administration and as to form by theattorney general;
(21) To review all plans and proposals for construction orinstallation of facilities for water supply in accordance with the applicablesections of chapter 15 of this title;
(22) To make loans to publicly owned water supply agenciesfor acquisition, construction, and renovation of water supply facilities fromfunds which may be appropriated for this purpose by the general assembly, frombonds issued for this purpose, or from other funds which may become availableto the board for this purpose;
(23) To borrow money temporarily from the water developmentfund, for the purposes of this chapter, and to implement its plans and programsrelating to reservoir development, exclusive of the acquisition of sites forthe development of surface reservoirs, in anticipation of revenue or federalaid;
(24) To enter into contracts and/or agreements with suchdepartments, divisions, agencies, or boards of the state as are directed by thegovernor to regulate, manage, or perform related functions on any lands orwaters acquired under the provisions of the Big River – Wood RiverReservoir Site Acquisition Act (P.L. of 1964, chapter 133); and
(25) To compensate the departments, divisions, agencies, orboards from the water development fund in an amount equal to the cost ofproviding the functions or services as are directed to be performed by thegovernor. The compensation shall be mandatory and shall be provided accordingto procedures established by the department of administration.
(b) The board as a body politic and corporate and publicinstrumentality created pursuant to this chapter is subject to §46-15.1-5(1) – (25). The board as the state agency pursuant to chapter 15of this title is subject to § 46-15.1-5(15) – (25).
