WATER AND AQUEDUCT COMPANIES

M.G.L. pt. Part I, tit. Title XXII, ch. c. 165

in effect

M.G.L. c. 165, § 1 Definitions

c. 165, § 1. Definitions Section 1. In sections one to eleven, inclusive, the following words shall have the following meanings:— ''Corporation'' or ''company'', every person, partnership, association or corporation, other than a municipal corporation, and other than a landlord supplying his tenant, engaged in the distribution and sale of water in the commonwealth through its pipes or mains. ''Department'', the department of public utilities.

M.G.L. c. 165, § 1A Adequacy of distribution system; approval

c. 165, § 1A. Adequacy of distribution system; approval Section 1A. No corporation or company shall engage in the distribution or sale of water in the commonwealth through its pipes or mains unless written approval of the adequacy of its distribution system has first been obtained from the department, and unless proof of compliance with chapter one hundred and eleven has been furnished to the department.

M.G.L. c. 165, § 1B Rules and regulations

c. 165, § 1B. Rules and regulations Section 1B. The department may establish from time to time such reasonable rules and regulations consistent with this chapter as may be necessary to carry out the administration thereof.

M.G.L. c. 165, § 1C Plastic pipe connections; installation; notice to property owner or occupant; grounding of structure; penalty

c. 165, § 1C. Plastic pipe connections; installation; notice to property owner or occupant; grounding of structure; penalty Section 1C. No water company shall install plastic pipe connections in any building or dwelling house without first giving notice to the occupant or owner of said building or dwelling house, and sending a copy of such notice to the wire inspector of the city or town in which the building or dwelling house is located. Such notice shall include a warning that the required grounding of the building or dwelling house might be affected by the installation of plastic pipe. Within thirty days of such notice, the owner of such building or dwelling house shall cause the building or dwelling house to be properly grounded. Upon the expiration of such thirty day period, the wire inspector shall inspect the building or dwelling house to determine that the building or dwelling house has been grounded in accordance with safety standards. Whoever fails to ground a building or dwelling house in accordance with safety standards within thirty days after such notice, as hereinbefore provided, shall be punished by a fine of not less than fifty nor more than one hundred dollars.

M.G.L. c. 165, § 2 Application of other statutes

c. 165, § 2. Application of other statutes Section 2. Sections four through eight D, ten, eleven, twelve, twelve A, thirteen, fourteen, sixteen, sixteen A, seventeen, seventeen A, eighteen, nineteen, twenty-one through twenty-five, thirty-three, seventy-eight through eight-four, ninety-two, ninety-three, ninety-four, ninety-six, ninety-eight, ninety-nine, one hundred and one, one hundred and two A, one hundred and two B and one hundred and twenty-eight of chapter one hundred and sixty-four shall include and apply to all such corporations and companies, provided that nothing in section five A or section six of said chapter shall require the inclusion of the words ''electric company'' or ''gas company'' in the name of any such corporation or company.

M.G.L. c. 165, § 2A Filing schedule of rates and prices by water districts

c. 165, § 2A. Filing schedule of rates and prices by water districts Section 2A. Water districts shall file with the department schedules, in such form as the department shall from time to time prescribe, showing all rates, prices and charges to be charged or collected within the commonwealth for the sale and distribution of water.

M.G.L. c. 165, § 2B Base rate for water charges and fees; increases for high volume users

c. 165, § 2B. Base rate for water charges and fees; increases for high volume users Section 2B. All municipalities or water districts within the jurisdiction of the Massachusetts Water Resources Authority, but not including communities serviced by the Connecticut Valley Aqueduct shall institute water charges and fees that incorporate a base rate for all users; provided, that said base rate shall be increased at an increasing block rate to fairly reflect the resource demand and consumption of high volume users of water.

M.G.L. c. 165, § 3 Powers of department of environmental protection; impairment

c. 165, § 3. Powers of department of environmental protection; impairment Section 3. This chapter shall not affect or impair the powers and duties of the department of environmental protection with respect to water supply under chapter one hundred and eleven.

M.G.L. c. 165, § 4 Supervisory authority of department

c. 165, § 4. Supervisory authority of department Section 4. The department shall have general supervision of all corporations and companies subject to this chapter, and shall make all necessary examinations and inquiries and keep itself informed as to the compliance by all such corporations and companies with the law.

M.G.L. c. 165, § 4A Filing copies of existing contracts with affiliated companies; violations

c. 165, § 4A. Filing copies of existing contracts with affiliated companies; violations Section 4A. A water company that has, prior to the effective date of this section, entered into or shall thereafter enter into any contract with an affiliated company as herein defined, for the payment of any fees, salaries, commissions or percentages for services of any kind furnished or rendered, or to be furnished or rendered, to such water company shall file with the department within ten days after said effective date a copy of any such existing contract and any extension or modification thereof, if in writing, or, if not in writing, a statement of all the terms thereof, and within ten days after the execution of any such contract, or of any extension or modification of any such contract whether or not existing on said effective date, a copy thereof, if in writing, or, if not in writing, a statement setting forth all the terms thereof. The words ''affiliated company'', as appearing in this section, shall be defined as in section eighty-five of chapter one hundred and sixty-four except that, in construing the definition in said section eighty-five for the purposes hereof, the words ''a company subject to this chapter'' shall mean a company as defined in section one of this chapter. A water company failing to file a copy or statement as required herein shall forfeit five dollars for each day during which such failure continues. All such forfeitures may be recovered by an information in equity brought in the supreme judicial court by the attorney general, at the relation of the department, and when so recovered shall be paid to the commonwealth.

M.G.L. c. 165, § 4B Water companies; eminent domain or purchase; waters, water rights, lands and easements

c. 165, § 4B. Water companies; eminent domain or purchase; waters, water rights, lands and easements Section 4B. Any water company or corporation subject to this chapter having franchise rights encompassing an entire city, town or district may, subject to determination by the department after notice and a public hearing as to the public convenience and necessity, and with the advice and consent of the department of environmental protection, take by eminent domain under chapter seventy-nine or acquire by purchase or otherwise and hold the waters, or any portion thereof, of any pond, brook, spring, stream or groundwater sources within its franchise territory not already appropriated for purposes of public water supply, and any water or flowage rights connected therewith, and such lands, rights of way and other easements as may be necessary for collecting, storing, holding, purifying and treating such water and protecting and preserving the purity thereof, and for conveying the same to any place within its franchise territory.

M.G.L. c. 165, § 5 Acquisition of water works and other water company property by town

c. 165, § 5. Acquisition of water works and other water company property by town Section 5. In all proceedings for the acquisition by a town of the water works and other property of a water company created by special law in the commonwealth providing for the appointment of commissioners for the determination of the price to be paid for such water works and property, the matters to be referred to, heard and determined by, such commissioners shall be referred to, heard and determined by, the department, and its determination and award shall have the same force and effect as if the determination and award had been made by the commissioners provided for in the charters of such companies.

M.G.L. c. 165, § 6 Engineering services and advice

c. 165, § 6. Engineering services and advice Section 6. In all proceedings conducted by the department under the laws relating to the petition of any water company for authorization to issue capital stock or bonds, and in all matters connected with the determination by the department of any question relating thereto and before any such authorization is given, the department of environmental protection shall, on request of the department, furnish without charge engineering services and advice for its assistance and guidance in such proceedings.

M.G.L. c. 165, § 7 Annual report

c. 165, § 7. Annual report Section 7. The department shall make an annual report of all its doings under this chapter, together with such suggestions as to the condition of affairs or conduct of the corporations and companies as may be appropriate and with such abstracts of the returns required by section two as it deems expedient.

M.G.L. c. 165, § 8 Opening of streets by one other than water company; consent of municipal officers

c. 165, § 8. Opening of streets by one other than water company; consent of municipal officers Section 8. In a town where a water company exists in active operation, no other company or person shall dig up and open the streets, lanes and highways of such town for the purpose of laying water mains and pipes therein without the consent of the aldermen or selectmen after notice, by publication or otherwise, to all parties interested and a public hearing.

M.G.L. c. 165, § 9 Review of action of municipal officers relating to opening of streets

c. 165, § 9. Review of action of municipal officers relating to opening of streets Section 9. Any corporation, company or person aggrieved by the decision of the aldermen or selectmen under the preceding section may, within thirty days after notice of said decision, appeal therefrom to the department which shall thereupon give due notice to and hear all parties interested, and render decision thereon.

M.G.L. c. 165, § 10 Testing of meters; report; cost

c. 165, § 10. Testing of meters; report; cost Section 10. A customer of a company or corporation subject to this chapter, or such company or corporation, may apply to the department for an examination and test of any water meter to determine the accuracy of the same. The department shall forthwith cause such examination and test as in its judgment is practicable and reasonable to be made by a competent and disinterested person, and shall furnish to the company or corporation and to the customer a certificate of the result and expense thereof. The person designated to make such examination and test may at any reasonable time enter upon the premises where the meter to be inspected is placed for the purpose of making the inspection. If upon examination and test, it appears the appliance does not register correctly, the department may order the company or corporation to correct or remove such meter and substitute a correct meter. The department may establish such rules and regulations, fix such standards, prescribe such fees, and employ such means and methods in, and in connection with, such examinations and tests of water meters as it deems most practicable, expedient and economical, and may purchase such materials, apparatus and standard measuring instruments for such examinations and tests as it deems necessary. All fees for examination and tests shall be in the first instance paid by the person, company or corporation making the application therefor; but if the examination or test is made at the request of the customer, and the meter is found to be incorrect because too fast, the company or corporation shall pay such fees to the department, to be repaid by it to the applicant. Whoever being engaged in the sale of water maintains upon the premises of a customer for the purpose of determining the charge to be made for water supplied to him a meter which is found upon examination and test to register incorrectly as against such customer, shall refund to him such an amount as if not agreed upon, shall, upon application of the customer and after opportunity given to the vendor to be heard, be determined by the department. A meter shall be deemed to be correct for the purposes of this section if it appears from such examination or test that it does not vary more than two per cent from accuracy. This section shall not authorize or prohibit differential prices for water supplied by any such company or corporation.

M.G.L. c. 165, § 11 Intentional injury to or interference with meter; penalty

c. 165, § 11. Intentional injury to or interference with meter; penalty Section 11. Whoever unlawfully and intentionally injures, or suffers to be injured, a water meter belonging to a city, town, district, or company engaged in supplying water, or prevents such meter from duly registering the quantity of water supplied through it, or hinders or interferes with its proper action or just registration, or attaches a pipe to a main or pipe belonging to a city, town, district or water company, or otherwise uses or causes to be used the water supplied by a city, town, district or company without the consent of the same, unless it passes through a meter set by such city, town, district or company, shall be punished by a fine of triple the amount of damages sustained thereby or $1,000, whichever is greater or by imprisonment for not more than one year, or both. Damages shall include the value of the water used and the cost of labor and equipment repair and replacement.

M.G.L. c. 165, § 11A Procedure for shutting off the flow of water on failure to pay lawful charges

c. 165, § 11A. Procedure for shutting off the flow of water on failure to pay lawful charges Section 11A. Except as otherwise provided in this chapter, a water company may shut off the flow of water from its mains or pipes to the premises of any customer who has failed or refused to pay the lawful charges of said company for water previously consumed. The officers, employees or agents of said company may, upon any business day between the hours of eight ante meridian and four post meridian, enter upon the premises of a customer whose payments are in arrears and close a valve, remove or disconnect a meter pipe or fitting, if necessary, for the purpose of shutting off the flow of water as above authorized, provided, however, that the customer has been given thirty-six hours notice in person or by registered or certified mail directed to his last address furnished to the company. If such address is different from the address of the premises affected a copy of such notice shall also be so mailed to the address thereof.

M.G.L. c. 165, § 11B Shutting off water service to domicile occupied by seriously ill person; notice; penalty

c. 165, § 11B. Shutting off water service to domicile occupied by seriously ill person; notice; penalty Section 11B. No water company shall intentionally shut off the water service to any domicile occupied by a person who is seriously ill if the company receives written notice from the municipal health authorities or a registered physician verifying the fact of such illness. Any company violating this section shall be punished by a fine of not more than twenty-five dollars for each day during which the violation continues.

M.G.L. c. 165, § 11C Indebtedness of prior property owner; water supply for new owner

c. 165, § 11C. Indebtedness of prior property owner; water supply for new owner Section 11C. A water company shall not refuse to supply water to any premises on application of the owner thereof because of the indebtedness of a prior owner to the said water company for water previously furnished to said premises.

M.G.L. c. 165, § 11D Entry on premises to examine water meters and facilities

c. 165, § 11D. Entry on premises to examine water meters and facilities Section 11D. Any person employed by a city, town, district or company engaged in supplying water who displays on his outer garment a suitable identification badge bearing his photograph, issued to him by his employer, may at any reasonable time enter any premises supplied with water by such city, town, district or company for the purpose of examining or removing meters, pipes, fittings and works for supplying or regulating the supply of water and of ascertaining the quantity of water consumed or supplied.

M.G.L. c. 165, § 11E Shutting off water to non-customer occupants in residential buildings; notice; procedures; payment of amount due; effect of waiver; reprisals; penalties; rules and regulations

c. 165, § 11E. Shutting off water to non-customer occupants in residential buildings; notice; procedures; payment of amount due; effect of waiver; reprisals; penalties; rules and regulations Section 11E. No water company shall shut off the flow of water to any residential building in which the occupant thereof is not the customer of record of said company, without first complying with the notice provisions of section eleven A and also providing notice to each affected dwelling unit in a manner prescribed by regulation of the department. Such notice shall contain the following information: (a) the amount then due and payable for such water service; (b) the date on or after which such service will be shut off, such date to be not less than fifteen nor more than thirty days, as determined by the department, after the day on which such notice is first given; (c) the date on which said notice is given; and (d) the right of the occupants of such building to pay the amount due or such portion thereof as is prescribed by regulation of the department and thereby avoid a cessation of service, and to recover the amounts so paid from the person to whom they would otherwise pay their rent. Any employee of such company as provided in section eleven D may, at any reasonable time, enter the common hallways of such building to post or deliver said notice. Any person who removes, interferes, or tampers with such notice of the provisions thereof shall be punished by a fine not to exceed twenty-five dollars. At any time after the date such notice is given any occupant or occupants of the dwelling units within such building may pay such company the amount due or such portion thereof as is mutually agreed upon by the occupants and the company, provided that where no such agreement is reached, the department shall make a final determination of the amount of said portion, in order to avoid cessation of service. If such final determination by the department is not made prior to the date on which service otherwise would have been terminated, such service shall be continued for a period not to exceed fifteen days, during which time the department shall render said final determination. If such amount is received after service has been shut off, service shall be restored by the company as soon as practicable. Any such occupant who has paid all or any portion of said amount may subsequently recover the amount paid to the company, either by deducting said amount from any rent or payment on account of taxes or operating expenses then or thereafter due from such occupant to the person to whom he would otherwise pay his rent, or by obtaining reimbursement from the person to whom he last paid rent. The company shall, upon receiving any such payment, notify the person liable for service as stated in said notice of the amount or amounts paid by any occupant pursuant to the provisions of this section. Any waiver of the provisions of this section in any lease or rental agreement shall be void and unenforceable. The provisions of section eighteen of chapter one hundred and eighty-six and section two A of chapter two hundred and thirty-nine shall apply to any reprisal against any occupant for exercising his rights pursuant to this section. Any water company wilfully violating the provisions of this section shall be punished by a fine of not more than fifty dollars for each such violation. The department shall establish from time to time such reasonable rules and regulations consistent with this section as may be necessary for its implementation.

M.G.L. c. 165, § 12 Application to other statutes

c. 165, § 12. Application to other statutes Section 12. Aqueduct companies shall, except as otherwise herein provided, be subject to chapter one hundred and fifty-eight and also to sections four to ten, inclusive, of chapter one hundred and sixty-six except that all rights and duties imposed on the department by sections four and five of said chapter one hundred and sixty-six shall in the case of aqueduct companies be exercised by the state secretary.

M.G.L. c. 165, § 13 Certificate of payment of capital stock

c. 165, § 13. Certificate of payment of capital stock Section 13. Immediately after the payment of the capital of an aqueduct company, as authorized by the state secretary, a certificate, signed and sworn to by its president, treasurer and a majority of its directors, stating the fact of such payment, the manner in which the capital has been paid in and has been invested or voted to be invested, and approved by said secretary, shall be filed in the office of the state secretary.

M.G.L. c. 165, § 14 Conveyance of property in payment for stock

c. 165, § 14. Conveyance of property in payment for stock Section 14. A conveyance to an aqueduct company of real or personal property at a fair valuation shall be a sufficient payment of the capital stock to the extent of such value, if a description of such property and a statement of the value at which it has been taken in payment, in such detail as the state secretary shall require or approve, is included in the certificate mentioned in the preceding section, and a statement that he is satisfied that such valuation is fair and reasonable is endorsed by him upon such certificate.

M.G.L. c. 165, § 15 Corporations organized under earlier law; meetings and records

c. 165, § 15. Corporations organized under earlier law; meetings and records Section 15. The proprietors of an aqueduct corporation, which has been organized under chapter one hundred and ten of the Public Statutes or corresponding provisions of earlier laws, may at a legal meeting agree upon the method of calling future meetings of the corporation, and may choose a clerk, who shall be sworn and who shall record in books to be provided and kept by him for that purpose all by-laws, votes and other proceedings of the corporation. Such books shall at all times be subject to the inspection of any person appointed for that purpose by the general court.

M.G.L. c. 165, § 16 Record of proprietors' names

c. 165, § 16. Record of proprietors' names Section 16. The clerk, at or immediately after the first meeting, shall enter in the books the names of the several proprietors and the shares owned by each.

M.G.L. c. 165, § 17 Officers

c. 165, § 17. Officers Section 17. The proprietors may choose any number of directors and other officers to manage the business; and the directors shall choose one of their number to be the president of the corporation.

M.G.L. c. 165, § 18 Assessments; defaults; sale of shares

c. 165, § 18. Assessments; defaults; sale of shares Section 18. The directors may make such assessments on each share as they find necessary; and, upon the default of a proprietor for thirty days after notice thereof to pay an assessment, they may sell by public auction so many of his shares as will be sufficient to pay the assessment and the necessary charges, such sale being first advertised three weeks successively in a newspaper published in the county, or notices thereof being posted thirty days at least before the sale in public places in the town. The surplus proceeds arising from the sale shall be paid to the owner of the shares sold.

M.G.L. c. 165, § 19 Repealed, 1941, 275, Sec. 1

M.G.L. c. 165, § 20 Opening streets or ways

c. 165, § 20. Opening streets or ways Section 20. Such corporation may, with the written consent of the aldermen of a city or the selectmen of a town, dig up and open any street or way therein for the purpose of placing such pipes as are necessary in constructing its aqueduct or in repairing or extending the same, if the same is so done as not to prevent the convenient passing of teams and vehicles.

M.G.L. c. 165, § 21 Continuing liability on contracts after dissolution

c. 165, § 21. Continuing liability on contracts after dissolution Section 21. Contracts made by or with such a corporation shall remain in force after its dissolution, and the shareholders at such dissolution shall continue liable and capable as a corporation in all its suits relative to such contracts until they are performed, if suit is commenced within six years after the dissolution or after the right of action accrued.

M.G.L. c. 165, § 22 Satisfaction of judgment against shareholders after dissolution

c. 165, § 22. Satisfaction of judgment against shareholders after dissolution Section 22. If no corporate property can be found to satisfy a judgment recovered against the shareholders after the dissolution, and it is not satisfied within six months after it is recovered, the judgment creditor may satisfy the same out of the private estate of the shareholders or any of them, as if the judgment had been against them in their private capacity.

M.G.L. c. 165, § 23 Interest of shareholders in real property after dissolution

c. 165, § 23. Interest of shareholders in real property after dissolution Section 23. If the corporation at its dissolution is seized of real estate, the proprietors shall become tenants in common thereof in proportion to their respective shares or interests in the stock of the corporation.

M.G.L. c. 165, § 24 Malicious injury to aqueduct; penalty

c. 165, § 24. Malicious injury to aqueduct; penalty Section 24. Whoever maliciously injures an aqueduct or any of its appurtenances shall forfeit not more than one hundred dollars to the use of the town where the offence is committed, and shall be liable to the corporation for treble the amount of damages sustained thereby.

M.G.L. c. 165, § 25 Conductors from aqueducts for fire fighting

c. 165, § 25. Conductors from aqueducts for fire fighting Section 25. A town in which such aqueduct is situated may put conductors into the pipes for the purpose of drawing therefrom, free of expense, as much water as is necessary if a building is on fire therein and such conductors are so secured that water shall not be drawn therefrom except for the purpose of extinguishing fires.

M.G.L. c. 165, § 26 Means of taking water for fire fighting

c. 165, § 26. Means of taking water for fire fighting Section 26. If the selectmen consider it necessary, for the protection of persons and property in their town against fire, to take water from the conductors or pipes therein of an aqueduct corporation, they may direct the engineers of the fire department to request the corporation to put into such conductors or pipes, in such places as said engineers shall think necessary, connections or conductors for the purpose of attaching hydrants or conducting water into reservoirs. If the corporation refuses or neglects for two weeks after such request to comply therewith, said engineers may make such connections at the cost of the town, using all necessary means for making the same and using reasonable care for the protection of the pipes and works of such corporation.

M.G.L. c. 165, § 27 Recovery of land owner for damages

c. 165, § 27. Recovery of land owner for damages Section 27. Any person who has sustained injury in his land or by the diversion of water by the operations of an aqueduct corporation, and who is entitled to damages for such injury by the act establishing such corporation or otherwise, may recover such damages under chapter seventy-nine.

M.G.L. c. 165, § 28 Acquisition of real estate in excess of limit

c. 165, § 28. Acquisition of real estate in excess of limit Section 28. Any water or aqueduct company which is limited by its charter or by any other special law as to the amount of real estate which it may acquire and hold may apply to the department of telecommunications and energy for authority to acquire and hold real estate in excess of the amount so limited, and said department may grant such authority if it shall find that such additional real estate is necessary or convenient for such company in carrying out the purposes of its organization and that the acquisition and holding thereof will not be contrary to the public interest.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter165Fetched: 10/20/2026