Chapter 92A½

Section 1. As used in this chapter, the following words, unless the context clearly indicates otherwise, shall have the following meanings:— ''Advisory committee'', the watershed system advisory committee for the appropriate watershed system. ''Alteration'', draining, dumping, dr…

Section 10. The supreme judicial or superior court or any justice of either court shall, on petition of the department or of any town or person interested, have jurisdiction in equity or otherwise to enforce sections 1 to 9, inclusive, and any rule, regulation or order made there…

Section 11. The department shall assess the Massachusetts Water Resources Authority for the fiscal year costs of operating the division and other authorized charges relating to the watershed system formerly under the care, custody and control of the division of watershed manageme…

Section 12. The treasurer of the commonwealth shall charge the Massachusetts Water Resources Authority for the debt service costs of bonds issued pursuant to section 3 of chapter 564 of the acts of 1987 and sections 12 and 13 of chapter 36 of the acts of 1992 for the acquisition …

Section 13. The commissioner shall establish the Quabbin watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding fishing, boating and other recreational activities and environmental, wildlife and habitat…

Section 14. The commissioner shall establish a Ware river watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding recreational activities, land use and environmental, wildlife and habitat matters within …

Section 15. The commissioner shall establish a watershed system advisory committee to advise the division on its policies and regulations regarding fishing, boating, and recreational activities and other environmental and wildlife matters in all of the watershed system areas unde…

Section 16. The commissioner shall at least once every 5 years, adopt after public hearing one or more periodic watershed management plans for the watershed system, which shall have been prepared with the participation of a professionally qualified forester and the appropriate wa…

Section 17. The department, on behalf of the commonwealth, may take by eminent domain under chapter 79, or acquire by purchase or otherwise, lands in fee, easements, rights and other property that it deems necessary or desirable for carrying out the powers and duties conferred up…

Section 18. The division shall be deemed to be a public entity under section 26A of chapter 21 and shall be eligible for grants and other assistance under the Massachusetts Clean Water Act and other program of federal or state assistance for water supply, or related purposes.

Section 19. The department shall have over the property of the watershed system all the general power and authority, which it has over reservations so far as the same may be exercised consistently with the purposes for which the watershed system is maintained.

Section 2. There shall be within the department a division of water supply protection which shall be subject to chapter 737 of the acts of 1972. The division shall construct, maintain and operate a system of watersheds, reservoirs, water rights and rights in sources of water supp…

Section 20. The division shall not contract for services exclusive of contracts pursuant to any general or special act relating to forest cutting practices and for consultants performing only those services for the division which regular employees of the division are unable to pe…

Section 3. The division shall keep all bridges built by it across the reservoir upon the Nashua river safe, and shall have charge of, use, maintain and operate the same, and the commonwealth shall be exclusively responsible for all damages caused thereby or by any defect or want …

Section 4. The division shall have the exclusive right to and interest in hydroelectricity developed, generated, transmitted, distributed and sold as an incident to the operation of the watershed and waterworks systems, may undertake such projects for such purposes and may author…

Section 5. (a) Any alteration, or the generation, storage, disposal, or discharge of pollutants is prohibited within those portions of the watersheds that lie within 200 feet of the bank of a tributary or surface waters or within 400 feet of the bank of a reservoir. (b)(1) The us…

Section 6. The division after consultation with the department of environmental protection, shall make rules and regulations by July 1, 1992 and from time to time thereafter for the protection of the watersheds and the watershed system. The regulations shall include provisions th…

Section 7. No person shall take or divert any water of the watershed system of the division, and no person shall corrupt, render impure, waste or improperly use any such water.

Section 8. The department, and its employees designated for the purpose, shall enforce sections 1 to 7, inclusive, and the rules, regulations and orders made thereunder, and may enter into any building, and upon any land for the purpose of ascertaining whether sources of pollutio…

Section 9. A person who without lawful authority takes or diverts water from a water supply within the watershed system of the division, corrupts or defiles the water supply or a source of the water supply, injures, destroys or interferes with property held or used by the authori…