(a)  The district is authorized to obtain and maintain for the district a supply of water for the extinguishing of fire and for distribution to the inhabitants of the district, for domestic use and for other purposes, and may obtain that water by the establishment of its own works, or by contracting for it as provided in subsection (c), or in any other manner that the district may deem necessary and proper, and is not inconsistent with law. The district may also furnish water to inhabitants of the towns outside of the boundaries of the district. If the district undertakes to distribute the water so obtained, it shall have the exclusive right to it, and may maintain an action against any person for using the water without the consent of the district, and may regulate the distribution and use of the water within and without the district. Nothing is this section, or any other section of this chapter, shall be construed as giving to the district an exclusive franchise to furnish water outside of the boundaries of the district.

Terms Used In Rhode Island General Laws 45-48.1-7

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b)  Without limiting the generality of the previous provisions as to fees, rates, rents, assessments and charges, any contract for the sale of water to inhabitants of a town outside of the boundaries of the district may be recorded in the same manner as a deed of land, and, upon the recording, the obligations of the owner of the real property involved are a lien on the property and the lien is enforceable in the same manner as taxes assessed on real estate are by law collected.

(c)  The district is authorized to contract, for periods not exceeding forty (40) years, with the state, any other municipal or quasi-municipal corporation, or with the owners of any privately owned water system for the purchase or sale of water or for the use of water facilities, and the state, the other municipal or quasi-municipal corporations, and the owners of privately owned water systems are authorized to enter into contracts with the district. Notwithstanding § 39-1-2(20) of the general laws, neither the district nor its governing body shall be deemed to be a public utility, and the district and its governing body shall not be subject to chapters 1 — 5 of title 39.

History of Section.
P.L. 2003, ch. 270, § 1; P.L. 2003, ch. 364, § 1.