§ 46-15-2. Approval of public water supply facilities. (a) No municipal water department or agency, public water system, including special water districts or private water company, engaged in the distribution of water for potable purposes shall have any power:

(1) To acquire or take a water supply or an additional water supply from an existing approved source;

(2) To take or condemn lands for any new or additional sources of water supply or for the utilization of supplies;

(3) To extend its supply or distribution mains into a municipality or special water district wherein it has not heretofore legally supplied water;

(4) To construct any extension of its transmission mains;

(5) To extend the boundaries of a special water district; or

(6) To supply water in or for use in any other municipality or civil division of the state which owns and operates a water supply system therein, or in any duly organized special water district supplied with water by another municipal water department or agency, special water district, or private water company, until the municipal water department or agency, special water district, or private water company has first submitted the maps and plans therefor to the director of the department of health, the state planning council and the board, as hereinafter provided, and until the water resources board, after receiving the recommendations of the director of the department of health and the division of statewide planning, shall have approved the recommendations or approved the recommendation with modifications as it may determine to be necessary; provided, however, this subsection shall not apply to any area presently served by any municipal water department or agency, or special water district.

(b) Approval shall not be necessary of any plan or work for the extension of supply or distributing mains or pipes of a municipal water supply plant or special district or private water company into and for the purpose of supplying water in any territory within the limits of the municipality or special district or within the franchise area of the private water company, owning the plant, including territory within the municipal special district or franchise limits which has not been heretofore supplied with the water by the plant, nor for the reconstruction or replacement of existing facilities in connection with an existing plant, wherein the capacity of the plant is in no way increased, nor for the construction of filtration or other treatment facilities which will not in any way increase the amount of water which can be made available from the present sources of supply.

(c) The water resources board shall enforce the provisions of this section, and the superior court by injunction may, upon application of the water resources board, prevent any action to be taken by any municipal water agency or department, special district, or private water company without the approval of the water resources board as required by this section.

History of Section. (P.L. 1990, ch. 461, § 4; P.L. 1995, ch. 370, art. 30, § 2.)