Title 46, Title 46 and Navigation

(a) This state hereby concurs in the conferring of any powers or duties on the New England interstate water pollution control commission by other states, in addition to those conferred by provisions of the New England Interstate Water Pollution Control Compact. This concurrence i…

Unless otherwise conferred by law, the commission shall not have power to issue permits or licenses in connection with the discharge or treatment of wastes, or pass upon plans or specifications for particular waste treatment or collection equipment or facilities.

The governor shall appoint five (5) commissioners to the New England interstate water pollution control commission, who shall serve at the pleasure of the governor, one of whom shall represent the department of health and one of whom shall represent the department of environmenta…

The New England interstate water pollution control commission, hereinafter called “the commission”, may develop standards for the training, educational, and experience requirements for operating personnel necessary to the proper operation of sewage and other waste treatment plant…

(a) The commission may administer programs of training and certification for personnel, and may make classifications thereof. Any certificate issued by the commission shall be accepted by this state and all agencies and subdivisions thereof as conclusive evidence that the holder …

Nothing contained in this chapter shall limit or abridge the authority of the commission to revise its standards and to issue new or additional certificates. In any such case, the director of the department of environmental management may require an applicant for a certificate to…

(a) Certificates issued by the commission shall be recognized and given in connection with personnel employed in or having responsibilities for plants discharging into any waters of this state. (b) Nothing in this chapter shall be construed to require any person to have a certifi…

To the extent that the authority conferred upon the commission by this chapter is not otherwise exercisable by the commission under the provisions of the New England Interstate Water Pollution Control Compact, the commission shall not require the financial or other support of the…

(a) The New England interstate water pollution control commission, hereinafter called “the commission”, in cooperation with this state and such other states signatory to the New England Interstate Water Pollution Control Compact as may participate, shall establish and maintain a …

(a) If the commission ascertains that particular waters, at or near a boundary of this state, do not comply with the standards of the commission made pursuant to article V of the New England Interstate Water Pollution Control Compact, or are not otherwise of a quality complying w…

The governor is hereby authorized to enter into compacts with the governors of other states for the protection of water resources of this state originating outside of this state and for the protection of water resources of other states originating within this state.

The governor on behalf of this state is authorized to enter into a compact, substantially in the following form, with the United States of America and with any two (2) or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, and Vermont, and the legislature here…

When the governor shall have executed the compact on behalf of this state and caused a copy thereof to be filed in the office of the secretary of state, as required by § 46-17-2, and the compact shall have been ratified by any three (3) or more of the states named in article X th…

After the aforesaid compact shall become operative and effective as provided in § 46-17-3, the governor shall appoint the member of the commission to represent this state on the northeastern resources commission. The member shall receive the expenses actually and necessarily incu…

There is hereby granted, to the commission and member from this state, all powers provided for in the compact and all powers necessary or incidental to the carrying out of the compact in every particular. All officers of this state are hereby authorized and directed to do all thi…

The controller of the state of Rhode Island is hereby designated as the representative of this state to inspect the accounts of the commission in accordance with article VII(F) of the compact and to report the results of that inspection to the director of administration.

Whenever any person, either upon his or her own land or upon the land of another with his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to supply water to any mill or mills upon the stream whereon the dam is located, the owner of the mi…

Every execution that may issue on any judgment for damages rendered as aforesaid, whether for yearly damages or damages in gross, shall run not only against the goods and chattel and real estate of the defendant, but, if the defendant was owner of the mill at the date of the acti…

Any sale of the mill or milldam and appurtenances thereof made on the execution shall be valid and effectual against the defendant and against all persons whose titles shall accrue after the service of the complaint in the action; but any person entitled to the premises sold may …

Whenever any plaintiff shall elect to receive the yearly damages awarded him or her as aforesaid, and the millowner shall afterwards remove the matter complained of in the action for which the damages were awarded, the plaintiff or the plaintiff’s assigns shall recover the damage…

If the plaintiff in the action shall die pending the action, the plaintiff’s death shall not abate the action, but the plaintiff’s executor or administrator, as in suits which survive, shall come in and prosecute the action, but the jury assessing damages shall assess damages onl…

If several joint tenants, tenants in common or coparceners be plaintiffs in a suit, and, pending the suit, one or more of them shall sell his or her interest in the premises, alleged to be injured, to one or more of his or her cotenants, the action shall not thereby be abated, bu…

If there be several defendants in a suit, and one or more of them die pending the suit, the suit shall not thereby abate, but the cause shall proceed to judgment with the same effect as if the death had not occurred; and if there be but one defendant and he or she dies pending th…

No person owning any dam on any river or stream of water shall detain the natural stream thereof, at any one time, more than twelve (12) hours out of twenty-four (24) hours, except on Sundays, whenever he or she shall be requested by the owner of any dam within one mile below on …

Any person aggrieved or injured by the following of the pond raised by the dam, or by the stopping or raising of the water either above or below the dam, or by the backing of water under his or her land, or by the flowing out of any fall of water in his or her land by means of th…

Whenever any plaintiff in any action shall recover a final judgment for damages against the defendant, the question of the amount of the damages shall, unless otherwise agreed by the parties, be tried by a jury on a day to be appointed by the superior court.

The jury shall appraise the damages which the plaintiff shall have sustained by the matters set forth in his or her complaint, from the time of his or her ownership of the premises injured up to the date of the action, if the defendant has been so long for that time the owner of …

The jury shall also appraise the damages that the plaintiff ought yearly to receive and recover of the defendant, his or her heirs and assigns, or owners of the dam, from the date of the plaintiff’s action until five (5) years after the dam shall be removed by the defendant, or h…

The jury shall also appraise what sum would be a just and reasonable compensation to the plaintiff for all damages done to the plaintiff by the matters of the complaint set forth in his or her complaint, from the date of his or her action.

Upon the return and filing of the verdict, the court to which it is returned shall continue the cause to some day certain when the court shall be in session, not less than four (4) weeks after the date of the verdict, before rendering any judgment accepting the verdict; and the p…

The election of the plaintiff shall be entered on the records of the court in the case, and shall be forever binding on the plaintiff and defendant and all claiming under them; and the judgment of the court shall follow the election of the plaintiff.

If the plaintiff shall neglect to make any election within the time and in the manner prescribed in § 46-18-7, the court shall enter up judgment in the plaintiff’s favor for the yearly damages found by the jury; and the judgment so rendered shall bar all actions for the injuries …

The director of the department of environmental management shall cause to be made a thorough inspection of every dam and reservoir in the state as often as may be necessary to keep himself or herself informed of the condition thereof; and shall make and keep a record of the resul…

Every person owning, maintaining, or having control of any dam or reservoir shall, upon written request therefor, furnish to the director of the department of environmental management as full, true, and particular description of the dam or reservoir as may be practicable; and sha…

No dam or reservoir shall be constructed or substantially altered until plans and specifications of the proposed work shall have been filed with and approved by the director.

(a) The director of the department of environmental management, on application made to him or her in writing by any person owning or representing property liable to injury or destruction by the breaking of any dam or reservoir, or on an application made by any mayor or city counc…

(a) If the owner or person having the control of any dam or reservoir, who shall be required to draw off the water, or a portion of the water, in any reservoir, or to make alterations in any reservoir, or repairs thereon or additions thereto, in the manner prescribed in § 46-19-4…

The director and the director’s duly authorized agents may, in the discharge of his or her or their duties, enter upon and pass over private property without rendering himself or herself or themselves liable in an action for trespass.

The director of the department of environmental management may employ a consulting engineer in any specific case in which the exigencies of the case may require it. The compensation of the consulting engineer shall be allowed by the director, and shall be paid upon the order of t…

The general assembly shall annually appropriate such sum as it may deem necessary, to pay all necessary expenses incurred by the director of the department of environmental management in the discharge of the director’s duties; and the state controller is hereby authorized and dir…

(a) By July 1, 2008, an emergency action plan shall be prepared for each significant or high-hazard dam by the city or town wherein the dam lies. The Rhode Island emergency management agency, as established in chapter 15 of title 30, shall develop guidelines for the preparation o…

Whenever the owner or owners of any lands in this state may wish to drain the lands, and cannot agree with the proprietor or proprietors of the adjacent land or lands to be affected, as to the mode of draining the land or lands and the damages consequent thereon, the owner or own…

On receipt of the petition as aforesaid, the town council shall refer the matter to some day for a hearing, and shall cause notice to be served on all parties interested, of the substance of the petition and the time and place of the hearing thereon, at least twenty (20) days bef…

If the town council, after hearing the parties in interest, shall deem it advisable, they shall appoint three (3) judicious and disinterested persons who shall prescribe the best mode of draining the land or lands and shall apportion the damages and benefits between the parties i…

If either of the parties interested shall be aggrieved by the doings or orders of the town council, that party, or that party’s heir or devisee, may appeal therefrom, according to the provisions of law, with reference to appeals from town councils.

The costs of the petition and all the proceedings thereon under this chapter shall be taxed at the discretion of the town council or of the court, and execution shall issue therefor as in civil cases.