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The 190th General Court of the Commonwealth of Massachusetts

Section 8D: Rules and regulations; criteria for approval; hearings; procedure

Section 8D. The commission shall promulgate rules and regulations defining and delineating the river basins of the commonwealth, and establish application procedures and criteria upon which the commission shall base its approval or disapproval of any proposed interbasin transfer of waters. Said criteria shall include but not be limited to the following:--

(1) that all reasonable efforts have been made to identify and develop all viable sources in the receiving area of the proposed interbasin transfer,

(2) that all practical measures to conserve water have been taken in the receiving area, including but not limited to the following:

(a) the identification of distribution system sources of lost water, and where cost effective, the implementation of a program of leak detection and repair;

(b) metering of all water users in the receiving area and a program of meter maintenance;

(c) implementation of rate structures which reflect the costs of operation, proper maintenance and water conservation and encourage the same;

(d) public information programs to promote water conservation, including industrial and commercial recycling and reuse; and

(e) contingency plans for limiting use of water during seasonal or drought shortages;

(3) that an environmental review pursuant to section sixty-one and sections sixty-two to sixty-two H, inclusive, of chapter thirty has been complied with for the proposed interbasin transfer,

(4) that a comprehensive forestry management program which balances water yields, wildlife habitat and natural beauty on watershed lands presently serving the receiving area has been implemented,

(5) that reasonable instream flow in the river from which the water is diverted is maintained, said reasonable instream flow shall be determined by the commission in making its determination of applicability of the proposed interbasin transfer of water.

The decision of the commission to approve or deny a proposed interbasin transfer shall be determined after at least two public hearings, one of which shall be held in the proposed donor community and one of which shall be held in the receiving community and which shall take place after compliance with said sections sixty-one and sixty-two to sixty-two H, inclusive, of chapter thirty. All proceedings under sections eight C and eight D shall be subject to the provisions of chapter thirty A.