§ 46-15-4. Procedure for approval of maps and plans. (a) Whenever the approval of any project as provided in this chapter is required, the application shall be made by the petitioner in writing, the application shall be accompanied by proof of adequate authorization for the project, and such exhibits as may be necessary clearly to indicate the scope of the proposed project, including, but not limited to, a map of the lands to be acquired, if any, and preliminary plans of the works proposed to be constructed. The application shall also show, where applicable, the need for the particular source or sources of supply and the reasons therefor, and shall also indicate the method of determining and providing for the payment of the proper compensation for any and all legal damages to persons or property, whether direct or indirect, which will result from the acquiring of the lands and the execution of the plans. The petition shall also be accomplished by such proof as to the character and purity of the water supply proposed to be acquired or used as the director of the department of health shall require and any proposed method of treatment of the supply.

(b) The water resources board shall thereupon cause public notice to be given in a newspaper of general circulation, at least seven (7) days prior, that on a day and at a place therein specified it will hold a public hearing for the purpose of receiving evidence and hearing arguments from all persons and organizations that may be affected by the proposed project, including the recommendations of the director of the department of health and of the state planning council.

(c) The water resources board shall, upon the day specified in the notice, or upon such subsequent day or days to which it may adjourn the hearing, proceed to examine the maps and plans and to hear the proofs and arguments submitted in support of and in opposition to the proposed project. The water resources board, after a hearing, shall determine whether the plans proposed are justified by public necessity, whether they provide for the proper and safe construction of all work connected therewith, whether they provide for the proper protection of the supply and the watershed from contaminations or provide for the proper treatment of an additional supply, whether the plans are just and equitable to the other municipalities affected thereby and to the inhabitants thereof, particular consideration being given to their present and future necessities for sources of water supply, and whether the plans make fair and equitable provisions for the determination and payment of any and all legal damages to persons and property, both direct and indirect, which will result from the execution of the plans or the acquiring of those lands.

(d) The water resources board shall within ninety (90) days after the close of the hearing, and after consideration of the recommendations of the director of the department of health and of the state planning council, make a final decision in writing, either approving the application, maps, and plans as presented, or under such conditions or with such modifications in the application, maps, and plans as may be determined to be necessary to provide satisfactory compliance by the applicant with any and all of the subjects and matters required to be determined by the water resources board in this subsection, or to bring into cooperation all persons, municipal water departments or agencies, special water districts, or private water companies which may be affected by the project; or it may reject the application entirely or permit another to be filed in lieu thereof, but it shall, however, make a reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs, interests, and rights of others which may be affected by the proposed projects.

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