SENATE DOCKET, NO. 2372        FILED ON: 12/31/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2239

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Text of the Senate amendment (Senator Pacheco) to the House Bill relative to the Wareham Fire District H1976.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

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SECTION 1. The Wareham Fire District in the town of Wareham, hereinafter the district, shall have exclusive right, privilege and franchise to supply water for extinguishing fires and for domestic, manufacturing and other purposes to the inhabitants of the town of Wareham within the district established by chapter 178 of the acts of 1907 and chapter 106 of the acts of 2000. A person, corporation, municipality, district or entity, except for the owner or owners of a parcel or parcels of land containing at least 100 contiguous acres located in the town of Wareham, shall not create or operate a public water system within the territory of the district or supply water to the inhabitants within the district other than for personal domestic use unless otherwise authorized.

SECTION 2. Notwithstanding any general or special law to the contrary, the district may supply water for extinguishing fires and for domestic, manufacturing, and other purposes to individuals, corporations, municipalities, districts, and other entities, without limitation, outside of the district established by said chapter 178 of the acts of 1907 and said chapter 106 of the acts of 2000. 

SECTION 3. The district may contract with any person, corporation, municipality, district and other entity for the supply of water outside of the district and may extend its pipes for that purpose, under the direction of the selectmen of the town or mayor of the city where the pipes are to be located, through the streets and highways of towns and cities lying outside the district established by said chapter 178 of the acts of 1907 and said chapter 106 of the acts of 2000. The district may fix and collect rates for the use of the water, and may discontinue and shut off the water for the non-payment thereof and for violation of the terms of any contract made in accordance with this section.

SECTION 4. Notwithstanding sections 2 and 3, the district shall not supply water outside its territory if doing so impairs the district’s ability to provide adequate supply of water for extinguishing fires and for domestic, manufacturing, and other purposes to itself or the inhabitants of the town of Wareham. 

SECTION 5. Specific statutory powers granted to the district by said chapter 178 of the acts of 1907 and said chapter 106 of the acts of 2000 and not specifically mentioned in this act are hereby expanded to the extent necessary to permit the district to supply water outside of its territory in accordance with this act.