§ 46-19-5 Judicial enforcement of order tomake dam or reservoir safe. – (a) If the owner or person having the control of any dam or reservoir, whoshall be required to draw off the water, or a portion of the water, in anyreservoir, or to make alterations in any reservoir, or repairs thereon oradditions thereto, in the manner prescribed in § 46-19-4, shall notforthwith proceed to comply with the requirement, or shall not prosecute thework, when commenced, with reasonable expedition, the director of thedepartment of environmental management shall make out a complaint in which heor she shall set forth the condition of the dam or reservoir, and the steps heor she has taken to cause the water to be drawn off therefrom and for thealteration or repair thereof, or to have additions made thereto to secure thesafety of the dam or reservoir, and the default of the owner or person havingcontrol thereof in drawing off the water, repairing, altering, or in making anaddition to the dam or reservoir, and that the safety of life and property isendangered by the default, and shall subscribe the default, and deliver thecomplaint to the attorney general or to an assistant attorney general, whoshall present the complaint to the supreme court or the superior court, with apetition in the nature of an information ex officio, praying that the personowning or controlling the dam or reservoir may be required and orderedforthwith to comply with the requirements of the director of the department ofenvironmental management theretofore made in the premises, or with such otherorders as may be made by the court, to secure all persons having reasonablecause to apprehend injury to life or property from the unsafe condition of thedam or reservoir.
(b) Upon the filing of the petition, a citation shall issueto the person controlling or owning the dam, commanding him or her to appear ata time and place therein named, to show cause, if any exists, why the reliefprayed for shall not be granted; and the court shall summarily proceed to hearthe cause, and upon hearing the parties, or by proceeding ex parte, if therespondent fails to appear, the court may pass such order and decree in thepremises as will effectually secure the persons interested from danger or lossfrom the breaking of the dam or reservoir complained of; and the court mayenforce the orders and decrees by injunction, process for contempt, bysequestration, or by such other process as may be applicable in those cases.
§ 46-19-5 Judicial enforcement of order tomake dam or reservoir safe. – (a) If the owner or person having the control of any dam or reservoir, whoshall be required to draw off the water, or a portion of the water, in anyreservoir, or to make alterations in any reservoir, or repairs thereon oradditions thereto, in the manner prescribed in § 46-19-4, shall notforthwith proceed to comply with the requirement, or shall not prosecute thework, when commenced, with reasonable expedition, the director of thedepartment of environmental management shall make out a complaint in which heor she shall set forth the condition of the dam or reservoir, and the steps heor she has taken to cause the water to be drawn off therefrom and for thealteration or repair thereof, or to have additions made thereto to secure thesafety of the dam or reservoir, and the default of the owner or person havingcontrol thereof in drawing off the water, repairing, altering, or in making anaddition to the dam or reservoir, and that the safety of life and property isendangered by the default, and shall subscribe the default, and deliver thecomplaint to the attorney general or to an assistant attorney general, whoshall present the complaint to the supreme court or the superior court, with apetition in the nature of an information ex officio, praying that the personowning or controlling the dam or reservoir may be required and orderedforthwith to comply with the requirements of the director of the department ofenvironmental management theretofore made in the premises, or with such otherorders as may be made by the court, to secure all persons having reasonablecause to apprehend injury to life or property from the unsafe condition of thedam or reservoir.
(b) Upon the filing of the petition, a citation shall issueto the person controlling or owning the dam, commanding him or her to appear ata time and place therein named, to show cause, if any exists, why the reliefprayed for shall not be granted; and the court shall summarily proceed to hearthe cause, and upon hearing the parties, or by proceeding ex parte, if therespondent fails to appear, the court may pass such order and decree in thepremises as will effectually secure the persons interested from danger or lossfrom the breaking of the dam or reservoir complained of; and the court mayenforce the orders and decrees by injunction, process for contempt, bysequestration, or by such other process as may be applicable in those cases.
§ 46-19-5 Judicial enforcement of order tomake dam or reservoir safe. – (a) If the owner or person having the control of any dam or reservoir, whoshall be required to draw off the water, or a portion of the water, in anyreservoir, or to make alterations in any reservoir, or repairs thereon oradditions thereto, in the manner prescribed in § 46-19-4, shall notforthwith proceed to comply with the requirement, or shall not prosecute thework, when commenced, with reasonable expedition, the director of thedepartment of environmental management shall make out a complaint in which heor she shall set forth the condition of the dam or reservoir, and the steps heor she has taken to cause the water to be drawn off therefrom and for thealteration or repair thereof, or to have additions made thereto to secure thesafety of the dam or reservoir, and the default of the owner or person havingcontrol thereof in drawing off the water, repairing, altering, or in making anaddition to the dam or reservoir, and that the safety of life and property isendangered by the default, and shall subscribe the default, and deliver thecomplaint to the attorney general or to an assistant attorney general, whoshall present the complaint to the supreme court or the superior court, with apetition in the nature of an information ex officio, praying that the personowning or controlling the dam or reservoir may be required and orderedforthwith to comply with the requirements of the director of the department ofenvironmental management theretofore made in the premises, or with such otherorders as may be made by the court, to secure all persons having reasonablecause to apprehend injury to life or property from the unsafe condition of thedam or reservoir.
(b) Upon the filing of the petition, a citation shall issueto the person controlling or owning the dam, commanding him or her to appear ata time and place therein named, to show cause, if any exists, why the reliefprayed for shall not be granted; and the court shall summarily proceed to hearthe cause, and upon hearing the parties, or by proceeding ex parte, if therespondent fails to appear, the court may pass such order and decree in thepremises as will effectually secure the persons interested from danger or lossfrom the breaking of the dam or reservoir complained of; and the court mayenforce the orders and decrees by injunction, process for contempt, bysequestration, or by such other process as may be applicable in those cases.
