§ 46-15.3-11. Disbursements from the funds. (a) Only suppliers which withdraw water from wells, reservoirs, springs, or other original sources of potable water shall be entitled to disbursements from the first of the two (2) mentioned funds created under § 46-15.3-10 administered by the water resources board. From amounts available from bond proceeds held by the water resources board, that board shall disburse to each supplier contributing to the fund a proportional amount based upon each supplier's pro rata withdrawal of water by volume from wells, reservoirs, springs, or other original sources of water averaged over the three (3) calendar years preceding disbursement as determined by the water resources board. Suppliers shall be required to expend this money as follows:

(1) Not less than fifty-five percent (55%) shall be spent for acquisition of land or rights in land or physical improvements to acquired land required to protect the quality of raw water of the water supply system. Expenditures for maintenance, administration, and payment of taxes on land acquired under this chapter shall be included within this subdivision.

(2) Any remaining funds may be used for any eligible expenditures as defined in § 46-15.3-4.

(b) The city of Providence shall make expenditures from amounts available in the fund held by the city of Providence based on the same formula as in subdivisions (a)(1) and (a)(2) above; provided, however, the city of Providence shall be exempt from participating in the use of an alternate deicing mixture within the Scituate watershed unless drinking water supply sodium levels exceed fifteen (15) ppm (parts per million) for three (3) consecutive years or seventeen (17) ppm (parts per million) for one year. The city of Providence will monitor sodium levels and report sodium testing results to the Rhode Island department of health and the public on a yearly basis. If drinking water supply sodium levels exceed fifteen (15) ppm for three (3) consecutive years or seventeen (17) ppm for one year, the city of Providence shall immediately participate in the use of an alternative deicing mixture within the Scituate watershed. In December of 2008, the city of Providence will provide a three (3) year report to the Rhode Island department of environmental management, the general assembly and the public. Every three (3) years, the city of Providence will submit a report to the general assembly on monitoring data for sodium levels within the Scituate watershed. This report will include monitoring data from the previous three (3) year period.

(c) In making decisions about the expenditure of money under the provisions of this chapter, suppliers shall take into account the following factors:

(1) The likelihood of development of the specific parcel proposed for acquisition;

(2) The existing land uses, as well as the likelihood of development, in the watershed;

(3) The potential threat to public drinking water sources posed by development in the watershed including, but not limited to, the intensity of development, the types of land uses, proximity to reservoirs and/or well heads, and the buffering and filtration capacity of the natural systems;

(4) Whether alternative protection measures are available and/or have been attempted, including local land use regulations;

(5) The number of persons who presently depend on the sources for their drinking water, as well as the number of persons who may depend on it in the future;

(6) The anticipated cost of the parcel proposed to be purchased, and whether less than a fee interest may be acquired which would reduce the cost significantly while still providing protection to the source;

(7) Other cost effectiveness considerations, including whether protection of the source can be provided by the construction of physical improvements;

(8) Whether acquisition of the specific parcel, and the protection of the watershed of which it is a part, is consistent with other planning considerations;

(9) Proposed management techniques for the parcel proposed to be acquired which will maximize its capacity to protect the source.

(d) The costs of issuance of notes and bonds authorized by § 46-15.3-10 may be payable from any monies in the water quality protection funds.

History of Section. (P.L. 1987, ch. 417, § 1; P.L. 1990, ch. 472, § 2; P.L. 1992, ch. 468, § 2; P.L. 2005, ch. 195, § 2; P.L. 2005, ch. 200, § 2.)