310 CMR, § 36.41 - Actions to Resolve a Water Supply Emergency

(1) During a declared state of water supply emergency, to the extent not in conflict with applicable federal laws or regulations but notwithstanding any general or special law, local law or contractual agreement to the contrary, the Department may issue orders applicable within or outside the area in which any water emergency exists to:

(a) establish priorities for the distribution of any water or quantity of water use;

(b) permit any public water supplier to reduce or increase the distribution of water by a specified amount, to cease the distribution of water, to distribute a specified amount of water to certain users, or to share water with other water supply systems;

(c) direct any person to reduce or cease, by a specified volume, the withdrawal or use of any water;

(d) require the implementation of specific water conservation measures;

(e) mandate the denial, for the duration of the state of water supply emergency, of all applications for withdrawal permits within the areas of the Commonwealth to which the state of water supply emergency applies; and

(f) authorize a taking of land or purchase or sale of water in accordance with an approved water supply emergency plan provided that no taking, purchase or sale shall be made unless:

1.in the case of cities, the city council has voted to authorize the taking, purchase or sale;

2.in the case of towns, and water supply, fire and water districts, the taking, purchase or sale has been authorized by a vote at a town meeting or a district meeting;

3.in the case of water companies, notice of such taking, purchase or sale, including a copy of plans and specifications, has been given to the city council or to the board of selectmen of the city of town in which the affected water source is located, by certified mail at least ten days prior thereto.

(2) No taking of land or purchase or sale of water shall be undertaken pursuant to an approved water supply emergency plan unless the Department has issued an order authorizing the taking, purchase or sale. The use of such land or purchase or sale of such water pursuant to the authority of M.G.L. c. 21G, §§ 15 through 17 and 310 CMR 36.40 through 36.42 shall not exceed the duration of the Department's declaration, but in no case shall it exceed six months cumulatively in any 12 month period.

(3) Temporary pipes and other works may be installed in order to convey water pursuant to a taking, purchase or sale authorized in accordance with 310 CMR 36.41(1)(f) provided that the installation or repair of such pipes or other works along any highway shall be accomplished with the least possible hindrance to public travel, and shall be subject to the direction and approval of the officers or departments in charge of the maintenance of said highway where applicable.

(4) During a declared state of water supply emergency, a public water supplier may be permitted to sell or otherwise distribute water to the public water supplier in the state of water supply emergency as provided in an approved water supply emergency plan and authorized by order of the Department. Withdrawals for any such sale or distribution of water may be made in addition to withdrawals authorized in any registration or permit held by the selling or distributing public water supplier.

Notes

310 CMR, § 36.41

Amended by Mass Register Issue 1273, eff. 11/7/2014.