WATERSHED MANAGEMENT

M.G.L. pt. Part I, tit. Title XIV, ch. c. 92A1/2

in effect

M.G.L. c. 92A1/2, § 1 Definitions

c. 92A1/2, § 1. Definitions Section 1. As used in this chapter, the following words, unless the context clearly indicates otherwise, shall have the following meanings:— ''Advisory committee'', the watershed system advisory committee for the appropriate watershed system. ''Alteration'', draining, dumping, dredging, damning, discharging, excavating, filling or grading; the erection, reconstruction or substantial expansion of any buildings or structures; the driving of pilings; the construction or reconstruction or paving of roads and other ways; the construction or reconstruction of utilities; the changing of run-off characteristics; the intercepting or diverting of ground waters, surface waters, reservoirs, tributaries, or aquifers; the installation or substantial expansion of drainage, sewage and water systems. ''Aquifer'', a geological formation, group of formations, or part of a formation in the Wachusett watershed that is capable of yielding a significant amount of water to a well or spring, as determined by reference to maps generated by the Massachusetts geographic information service based on the United States Geological Survey water resource atlases or any other source determined to be more accurate pursuant to subsection (m) of section 5. The land directly overlaying an aquifer shall be deemed to be a part of said aquifer. ''Authority'', the Massachusetts Water Resources Authority. ''Bonds'', any bonds, notes or other evidences of indebtedness. ''Bordering vegetated wetland'', a wet meadow, except meadows used for the grazing of livestock, marsh, swamp, bog, or other area, hydrologically connected to and bordering on a tributary, reservoir, flood plain, or surface water, which supports at least 50 per cent wetland species. ''Department'', the department of conservation and recreation. ''Division'', the division of water supply protection. ''Flood plain'', the land adjoining a tributary, reservoir or surface water, which is subject to inundation from a flood having a 1 per cent chance of being equalled or exceeded in any given year, commonly known as the 100 year flood plain, as determined by reference to the most recent edition of the flood hazard boundary maps issued by the Federal Emergency Management Agency or any other source determined to be more accurate pursuant to subsection (m) of section 107A. ''Ground water'', water below the land surface in a saturated zone, including perched ground water. ''Hazardous material or waste'', any material or waste, in whatever form, which because of its quantity, concentration, corrosivity, flammability, reactivity, toxicity, or infectious, chemical, or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Hazardous material or waste shall include those materials listed in section 261 of title 40 of the code of federal regulations, or 310 CMR 40.900 Appendix I. ''Pollutant'', any substance, man-made or resulting from human activities, that can alter the biological, chemical, physical, or radiological character of water. ''Quabbin watershed advisory committee'', the committee established by section 13. ''Revenues'', charges, reimbursements and other receipts derived by the division from operation of the watershed system and from all other activities or properties of the division including, without limiting the generality of the foregoing, proceeds of grants, gifts, investments, earnings and proceeds of insurance or condemnation. ''Surface water'', water in the watersheds, including any lake, spring, impoundment, and pond, as determined by reference to the most recent edition of maps generated by the Massachusetts geographic information service based on the United States Geological Survey 1 to 25,000 scale quadrangle maps or any other map determined to be more accurate pursuant to subsection (m) of section 5. Surface water shall include the land located thereunder and the banks thereto. Surface water shall exclude all reservoirs, tributaries, aquifers, ground waters, and man-made farm ponds used for irrigation, as well as all so-called great ponds of the commonwealth which do not drain into a tributary or a reservoir. ''Tributary'', a body of running water, including, a river, stream, brook and creek, which moves in a definite channel in the ground due to a hydraulic gradient and which flows ultimately into a reservoir in the watersheds or the Ware river above the Ware river intake, as determined by reference to the most recent edition of maps generated by the Massachusetts geographic information service based on the United States Geological Survey one to 25,000 scale quadrangle maps or any other map determined to be more accurate pursuant to subsection (m) of section 5. A tributary shall include the land over which the water therein runs and the banks thereto. ''Ware river watershed advisory committee'', the committee established by section 14. ''Watershed system'', (i) all real and personal property interests held by or on behalf of the commonwealth immediately prior to the effective date of this act in and for the former metropolitan district commission water system which were part of or appurtenant to the Quabbin watershed, Quabbin reservoir, Ware river watershed, Wachusett watershed, Wachusett reservoir, North and South Sudbury watersheds, Sudbury reservoir, Framingham reservoirs 1, 2 and 3, Blue Hills reservoir, Bear Hill reservoir, Spot Pond reservoir, Fells reservoir, Weston reservoir, Norumbega reservoir, Chestnut Hill reservoir, including land, easements, buildings, structures, all equipment, machinery, vehicles, and appliances, improvements, water rights and rights in source of water supply and (ii) all enlargements and additions to the former metropolitan district commission water system acquired or constructed by the division for the purposes of the watershed system, including land, easements, buildings, structures, equipment, machinery, vehicles, and appliances, improvements, reservoirs, dams, water rights and rights in sources of water supply, but excluding the waterworks system of the authority. ''Watersheds'', the natural basin from within which water drains or in natural course would drain into the Quabbin reservoir, the Wachusett reservoir, or the Ware river upstream of the Ware river intake.

M.G.L. c. 92A1/2, § 2 Division of water supply protection

c. 92A1/2, § 2. Division of water supply protection Section 2. There shall be within the department a division of water supply protection which shall be subject to chapter 737 of the acts of 1972. The division shall construct, maintain and operate a system of watersheds, reservoirs, water rights and rights in sources of water supply, shall supply thereby a sufficient supply of pure water to the Massachusetts Water Resources Authority, and shall utilize and conserve said water and other natural resources in order to protect, preserve and enhance the environment of the commonwealth and to assure the availability of pure water for future generations. The division shall maintain a visitors' informational center at the Quabbin reservation. All records pertaining to the history of the Swift River and Ware River Valleys, land takings therein, Quabbin Reservoir construction and matters regarding the 4 discontinued towns and extant adjacent communities shall remain accessible to the public at the Quabbin Reservoir administrative facilities in Belchertown, Massachusetts. The division of water supply protection shall be under the administrative supervision of a director, who shall be called the director of water supply protection. The director shall be responsible for the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission, and the watershed system formerly under the care, custody and control of the division of water resources of the department of environmental management.

M.G.L. c. 92A1/2, § 3 Bridge authority

c. 92A1/2, § 3. Bridge authority Section 3. The division shall keep all bridges built by it across the reservoir upon the Nashua river safe, and shall have charge of, use, maintain and operate the same, and the commonwealth shall be exclusively responsible for all damages caused thereby or by any defect or want of repair therein. The department shall have the exclusive right and control over all ponds, reservoirs and other property within the watershed system, and may order all persons to keep from entering in, upon or over the waters thereof and the lands of the commonwealth or towns surrounding the same.

M.G.L. c. 92A1/2, § 4 Hydroelectricity authority

c. 92A1/2, § 4. Hydroelectricity authority Section 4. The division shall have the exclusive right to and interest in hydroelectricity developed, generated, transmitted, distributed and sold as an incident to the operation of the watershed and waterworks systems, may undertake such projects for such purposes and may authorize or contract with any other person otherwise lawfully qualified for such person to perform on reasonable terms and conditions such activities on behalf of or by arrangement with the division. The division may by lease, license or permit or on its own behalf provide for the installation and operation of electric and telecommunications transmission facilities within said systems, provided that such facilities shall not interfere with the proper operation of said systems and that no lease, license or permit for such purpose shall be made for a term of more than 40 years. Subject to contractual requirements or other legal obligations in force on the effective date of this act, the division shall permit use of water in reservoirs for hydroelectric generation only when and to the extent that water is otherwise subject to release for reasons of sound management of the reservoirs for watershed, waterworks and stream flow purposes. All revenues derived from the activities authorized herein shall annually be remitted by the division to the state treasurer who shall deposit said revenues into the general fund.

M.G.L. c. 92A1/2, § 5 Discharge of pollutants prohibited

c. 92A1/2, § 5. Discharge of pollutants prohibited Section 5. (a) Any alteration, or the generation, storage, disposal, or discharge of pollutants is prohibited within those portions of the watersheds that lie within 200 feet of the bank of a tributary or surface waters or within 400 feet of the bank of a reservoir. (b)(1) The uses and activities set forth in paragraph (2) are prohibited within those portions of the watersheds that lie: (i) within the area between 200 and 400 feet of the bank of a tributary or surface waters; (ii) within the flood plain of a tributary or waters, including that flood plain; (iii) within bordering vegetated wetlands that border on tributaries or surface waters, or reservoirs; (iv) within land that overlays an aquifer with a potential well yield of 100 gallons per minute or more as determined pursuant to subsection (m); or (v) within land that overlays an aquifer with a potential well yield of one or more but less than 100 gallons per minute pursuant to a finding by the division, in consultation with the department of environmental protection, that regulation of the aquifer is necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs or the tributaries. (2) The following uses are prohibited within the area regulated by paragraph (1): (i) the disposal of pollutants from either private or publicly owned sewage treatment facilities; (ii) the placement of the leaching field of a subsurface waste water disposal system less than 4 feet above the maximum water table level as measured at the time of annual high water; (iii) the storage of liquid petroleum products of any kind; provided, however, that an end user of such product, such as a resident in connection with normal residential use or a person responsible for supplying heat to a residence, may store a reasonable volume of such material so long as such storage is in a free standing container inside of a structure, which structure shall include at a minimum a foundation thereof with a poured cement slab floor or a concrete reservoir of sufficient volume to hold 125 per cent of the tank's capacity; (iv) the treatment, disposal, use, generation, or storage of hazardous material or waste, except a reasonable volume of hazardous material or waste, incidental to normal residential use; (v) the storage and the disposal of solid waste other than a reasonable volume incidental to normal residential use; (vi) the outdoor storage of road salt or other deicing chemicals; provided, however, that this section shall not prohibit the outdoor storage of sand, gravel, or materials used in road construction which are not hazardous materials or waste; (vii) the outdoor storage of fertilizers, herbicides, and pesticides; (viii) the use or storage of pesticides or herbicides which carry a mobility rating as provided for by the United States environmental protection agency or which have been determined by the commonwealth using environmental protection agency standards to pose a threat or potential threat to ground water; (ix) the outdoor uncovered storage of manure; (x) the servicing, washing, or repairing of boats or motor vehicles other than as reasonably incidental to normal residential use; (xi) the operation of junk and salvage yards; (xii) the rendering impervious of more than ten percent of any lot or 2500 square feet, whichever is greater; (xiii) the excavation of gravel and sand to a depth greater than 6 feet above the maximum water table, except where incidental to the construction of permitted structures; (xiv) the altering of bordering vegetated wetlands; (xv) any other activity which could degrade the quality of the water in the watersheds as determined by the division after consultation with the department of environmental protection; provided, however, that de-icing may be performed on a roadway under procedures approved by the secretary of environmental affairs. (c) This section shall not apply to uses, structures or facilities lawfully in existence or for which all applicable municipal, state and federal permits and approvals, other than building permits and permits for septic systems, have been obtained prior to July 1, 1992. This section shall not apply to any reconstruction, extension, or structural change to any structure in lawful existence as of said date; provided, however, that such reconstruction, extension, or structural change (i) does not constitute a substantial change to or enlargement of that lawfully existing structure, and (ii) does not degrade the quality of the water in the watershed. (d) In addition to and without limiting subsection (a) or subsection (b), the construction of a dwelling on land set forth in subsection (b) which exceeds a density of 2 bedrooms per acre is prohibited. No use may generate more than 220 gallons of sanitary sewage per acre per day. In making such calculations all contiguous real property within the area regulated by said subsection (a) or said subsection (b) owned by the same person shall be used in the aggregate to determine the total acreage for density purposes; provided, however, that said area may be so used for determining area density for only 1 parcel. (e) In addition to and without limiting subsection (a), (b) or (d), the construction of any dwelling which exceeds a density of 1 and 1/3 bedrooms per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of between 100 and 300 gallons per minute as determined pursuant to subsection (m) or land whose regulation has been determined to be necessary for the protection of the quality of the water in the surface waters, aquifers, reservoirs and tributaries pursuant to clause (v) of paragraph (1) of subsection (b). No use may generate more than 147 gallons of sanitary sewage per acre per day. (f) In addition to and without limiting subsection (a), (b), (d) or (e), the construction of any dwelling which exceeds a density of 1 bedroom per acre is prohibited within those portions of the watersheds that overlay aquifers with potential well yields of over 300 gallons per minute as determined pursuant to subsection (m). No use may generate more than 110 gallons of sanitary sewage per acre per day. (g) Nothing in subsection (d), (e) or (f) shall be deemed to limit such construction if a sewer system exists prior to July 1, 1992 to which a direct connection shall be made without expansion of capacity and the connection is used for all sanitary sewage of any dwelling or other structure resulting from the construction. (h) Nothing in this section shall prevent the construction of 1 single family dwelling, on any lot existing as such prior to July 1, 1992 within the areas regulated by this section. Nothing in this section shall prevent any owner occupied lot existing as such on July 1, 1992 from being subdivided into 1 additional lot. Wherever possible there shall be no alterations within the area regulated by subsection (a). (i) Subsequent to the issuance of regulations as provided for in this section, any person owning an interest in real property located in a community with land that lies within the watersheds, by written request may submit to the division the determination of a land surveyor registered with the board of registration of professional engineers and of land surveyors as to whether such owner's real property interests are located within areas regulated by this section. The division shall have been deemed to have concurred with the determination unless within 60 days from the submission of the determination the division issues a written notice of denial to the owner. The division shall issue regulations pursuant to section 6 regarding such submissions and any requirements thereto. All surveys and additional materials or studies required to make a determination, whether or not requested by the division, shall be prepared and delivered at the sole cost of the person desiring the determination. (j) A tributary or portions thereof may be exempted from the provisions of this section, if after taking into account the rate of flow, slope, soil characteristics, proximity to a reservoir or the Ware river above the Ware river intake, the current level of water quality and the current degree of development, the division, in consultation with the department of environmental protection, determines that such exemption poses no significant risk to the quality of the water. (k) The division, after consultation with the department of environmental protection, shall issue regulations pursuant to section 6 for appealing the inclusion of a location in the areas regulated by this section. It shall be the responsibility of the appellant to prove that the location was improperly included. If the appeal is decided in the appellant's favor, a court of competent jurisdiction shall award to appellant reasonable attorney fees, costs and expenses incurred in the action. (l) The division, in accordance with procedures for notice and a hearing as provided by chapter 30A, may grant upon appeal or petition with respect to particular uses or structures, and shall grant upon request with respect to crossings of tributaries and bordering vegetated wetlands a variance from the provisions of this section where the division specifically finds that owing to circumstances relating to the soil conditions, slope, or topography of the land affected by such uses or structures, desirable relief may be granted without substantial detriment to the public good and without impairing the quality of water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record, are necessary to protect the water in the watersheds. The division shall issue regulations pursuant to section 6 regarding such proceedings. The division may impose reasonable conditions, safeguards and limitations to any variance as it may find desirable in its sole discretion which, based upon such hearing record are necessary to protect the water in the watersheds. The division shall record and index in the grantor index in the registry of deeds or register in the registry district of the land court for the county or district where the land lies, a notice of said variance, and conditions thereto, which notice shall describe the land by metes and bounds or by reference to a recorded or registered plan showing its boundaries. (m) The location of tributaries and surface waters shall be determined by reference to maps generated by the Massachusetts geographic information service based on the most recent edition of the United States Geological Survey 1 to 25,000 thousand scale quadrangle maps. The location of flood plains shall be determined by reference to the most recent edition of the flood hazard boundary maps issued by the director of the Federal Emergency Management Agency. The location and the potential well yield of aquifers shall be determined by reference to maps generated by the Massachusetts geographic information service based on the United States Geological Survey water resource atlases. The division, in consultation with the department of environmental protection, may adopt more accurate maps pursuant to notice and a public hearing as provided in chapter 30A and shall file such more accurate maps with the clerks of the house of representatives and the senate 90 days prior to such maps taking effect. (n) This section shall not apply to the division in the performance of its responsibilities and duties to protect the quality of the water in the watersheds, or to the Authority in the performance of its responsibilities and duties to maintain, operate and improve the waterworks system. The provisions of this section shall not apply to activities relating to normal maintenance or improvement of land in agricultural use as defined in section 40 of chapter 131, or regulations promulgated thereunder; provided, however, that such activities do not impair the quality of the water. Nothing in this section shall be construed to limit conversion of land for agricultural use, or preparation of land for agricultural use; provided, however, that such conversion shall be made under a plan approved by the United States Department of Agriculture Soil Conservation Service and the department in consultation with the department of agricultural resources. This section shall not apply to the maintenance, repair, replacement or reconstruction of public roadways existing as of September 1, 1989 or railroad track and rail bed existing as of September 1 1990, including associated drainage systems, that are necessary to preserve or restore the facility's serviceability for the number of travel lanes and uses existing as of September 1, 1990; provided, however, that in the case of any replacement the design is substantially the functional equivalent of, and is of similar alignments to that which is being replaced; provided, further, that design plans and specifications for said work on roadways, or railroad track and rail beds are provided to the division prior to the work's commencement. This section shall not apply to the construction of public highways, railroad track and rail beds and facilities directly related to their operation; and provided, further, that the secretary of environmental affairs has determined that such highway or transportation service construction project requires direct access to or location in the lands set forth in this section and that said secretary and the division have determined that the construction does not materially impair the quality of the water in the watershed and does not otherwise materially impair the quality of the environment. This section shall not apply to the maintenance, repair or expansion of lawfully located structures or facilities used in the service of the public to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services; provided, however, that such maintenance, repair or expansion activities, structures, or facilities do not materially impair the quality of water in the watersheds as determined by the division after consultation with the department of environmental protection. This section shall not apply to the maintaining, repairing or replacing but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, sewer, telephone, telegraph and other telecommunication services in bordering vegetated wetlands; provided, however, that such maintenance and repair activities do not materially impair the quality of water in the watersheds. Nothing herein shall limit the ability of a person, municipality, the United States government or the commonwealth to undertake temporary operations to clean up, prevent or mitigate releases of hazardous materials or wastes. This section shall not be construed to limit changes in agricultural crops produced. Nothing in this section shall be construed to limit the use of new or existing agricultural technologies that do not degrade the quality of the water in the watersheds more than the present agricultural technologies that such new or existing agricultural technologies replace. (o) Upon written request by the division, the department of environmental protection shall have the authority, including the authority to render administrative penalties under section 16 of chapter 21A, to enforce the provisions of this section for violations thereof. (p) The duties and obligations imposed by this chapter shall be in addition to all other duties and obligations imposed by any other general or special law or regulation. (q) The division shall hold in at least 1/2 of the communities in the affected watersheds an informational public hearing, giving notice thereof at least 30 days prior thereto by advertisement in newspapers of general circulation in each such community and by written notification to the boards of selectmen, city councils, or town councils, whichever is appropriate, in each such community. The division, at the time of such hearing, shall make available maps showing the areas affected by this section and shall explain the provisions of this section and the impact this section will have on the affected communities and landowners; (r) Nothing in this section shall impede or prevent the construction of a new municipal sewer system or new municipal water system if the division determines that water quality will not be adversely impacted from the construction and provided that such new systems comply with all existing regulations and standards applicable to water pollution abatement projects.

M.G.L. c. 92A1/2, § 6 Environmental protection regulations

c. 92A1/2, § 6. Environmental protection regulations Section 6. The division after consultation with the department of environmental protection, shall make rules and regulations by July 1, 1992 and from time to time thereafter for the protection of the watersheds and the watershed system. The regulations shall include provisions that require notice to the department and the division of applications for variances for uses or structures that affect the watersheds. Notice of hearings on the proposed regulations shall be sent to the chief executive officer of all cities and towns within the watersheds and any other cities and towns affected by such regulations. The division shall file copies of the regulations promulgated in accordance with this section with the clerk of the house of representatives and the clerk of the senate and send copies to the chief executive officer of all the cities and towns within the watersheds and any other cities and towns affected by such regulations. The regulations shall not take effect until 60 days have elapsed from the time of said filing. The division shall cause such rules and regulations to be posted at or near the waters to which they respectively apply, and shall also cause the same to be published at least once in a newspaper published in the county where said waters are in whole or in part situated, and such posting and publication shall be sufficient notice to all persons. The sworn certificate of any senior member of the department of such posting and publication, or of the posting or publication of an order made by the department, shall be prima facie evidence of the posting and publication. A copy of any such rule, regulation or order, attested by any senior member of the department, shall be prima facie evidence that said rule, regulation or order was made by department or by the commissioner, as the case may be.

M.G.L. c. 92A1/2, § 7 Taking or improperly using water

c. 92A1/2, § 7. Taking or improperly using water Section 7. No person shall take or divert any water of the watershed system of the division, and no person shall corrupt, render impure, waste or improperly use any such water.

M.G.L. c. 92A1/2, § 8 Enforcement of Secs. 1 to 7

c. 92A1/2, § 8. Enforcement of Secs. 1 to 7 Section 8. The department, and its employees designated for the purpose, shall enforce sections 1 to 7, inclusive, and the rules, regulations and orders made thereunder, and may enter into any building, and upon any land for the purpose of ascertaining whether sources of pollution there exist, and whether the sections and the rules, regulations and orders made as aforesaid are complied with.

M.G.L. c. 92A1/2, § 9 Punishment for water supply tampering

c. 92A1/2, § 9. Punishment for water supply tampering Section 9. A person who without lawful authority takes or diverts water from a water supply within the watershed system of the division, corrupts or defiles the water supply or a source of the water supply, injures, destroys or interferes with property held or used by the authority for the purpose of constructing, operating or maintaining the watershed system or who violates or refuses to comply with a rule, regulation or order of the department shall be punished by a criminal fine of not more than $50,000 or by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 2 years or by both such fine and imprisonment. In cases of continuing violation, the maximum fine shall be $10,000 per day for each day the violation occurs or continues; provided, that a person convicted of the wanton or malicious destruction of or injury to property used in the construction, operation or maintenance of the watershed system shall also be liable in tort to the department for triple the amount of damages thereby caused. The fine or tort judgment shall be payable to the treasury of the commonwealth.

M.G.L. c. 92A1/2, § 10 Court enforcement

c. 92A1/2, § 10. Court enforcement Section 10. The supreme judicial or superior court or any justice of either court shall, on petition of the department or of any town or person interested, have jurisdiction in equity or otherwise to enforce sections 1 to 9, inclusive, and any rule, regulation or order made thereunder, and to prevent any violation of said sections, rules, regulations or orders.

M.G.L. c. 92A1/2, § 11 Fiscal year operating costs

c. 92A1/2, § 11. Fiscal year operating costs Section 11. The department shall assess the Massachusetts Water Resources Authority for the fiscal year costs of operating the division and other authorized charges relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission, including 100 per cent of the amounts to be paid in that fiscal year in trust by the authority to the division for application to payments in lieu of taxes pursuant to chapter 59, less any and all revenues generated by the division which shall include, but not be limited to, the sale of hydroelectricity, recreational or permit fees, revenues from the sale of wood products harvested on department watershed lands, and any access fees established pursuant to chapter 436 of the acts of 1990. The assessment shall be established annually by the commissioner of the department. The commissioner of the department shall certify to the executive director of the authority on or before September 15, the current fiscal year obligations due by the authority for the operations of said division relating to the watershed system formerly under the care, custody and control of the division of watershed management of the metropolitan district commission. The commissioner shall bill the treasurer of the authority on October 1, January 1, April 1 and June 30 of each fiscal year for said fiscal year's obligations. Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the commission. Revenues received from the June 30 billing shall be credited to that fiscal year. The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the General Fund.

M.G.L. c. 92A1/2, § 12 Debt service costs

c. 92A1/2, § 12. Debt service costs Section 12. The treasurer of the commonwealth shall charge the Massachusetts Water Resources Authority for the debt service costs of bonds issued pursuant to section 3 of chapter 564 of the acts of 1987 and sections 12 and 13 of chapter 36 of the acts of 1992 for the acquisition of fee simple, development and other rights or interests inland in the areas regulated by the division. The revenue shall be deposited into the general fund for the purposes of meeting said debt service costs, subject to appropriation, for said bonds.

M.G.L. c. 92A1/2, § 13 Quabbin watershed advisory committee

c. 92A1/2, § 13. Quabbin watershed advisory committee Section 13. The commissioner shall establish the Quabbin watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding fishing, boating and other recreational activities and environmental, wildlife and habitat matters within the Quabbin watershed. The commissioner of the department shall appoint to the advisory committee 1 person from 3 names nominated by each of the following organizations: the Massachusetts Council of Sportsmen, the Trout Unlimited, the Quabbin Fisherman's Association, the Worcester County League of Sportsmen, the North Worcester County Quabbin Anglers, the Massachusetts Audubon Society, the Swift River Valley Historical Society, the Massachusetts Wildlife Federation, the New England Sierra Club, and the Friends of Quabbin, Inc. The commissioner shall also appoint 1 member from the general public. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year, and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.

M.G.L. c. 92A1/2, § 14 Ware river watershed advisory committee

c. 92A1/2, § 14. Ware river watershed advisory committee Section 14. The commissioner shall establish a Ware river watershed advisory committee. The purpose of the committee shall be to advise the division on its policies and regulations regarding recreational activities, land use and environmental, wildlife and habitat matters within the Ware river watershed. The commissioner of the department shall appoint to the advisory committee 1 person from 3 names nominated by each of the following organizations: the Massachusetts Council of Sportsmen, the Worcester County League of Sportsmen, Trout Unlimited, a rod and gun club located in the town of Barre, Hubbardston, Oakham or Rutland, a designee of the board of selectmen of each of the towns of Barre, Hubbardston, Oakham and Rutland, a representative of the historical societies in each of the towns of Barre, Hubbardston, Oakham and Rutland, a representative of the Massachusetts Wildlife Federation, a representative of the Massachusetts Audubon Society, a representative of the Sierra Club, and a representative of the Upper Ware river watershed association and 1 member from the general public. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.

M.G.L. c. 92A1/2, § 15 Watershed advisory committee

c. 92A1/2, § 15. Watershed advisory committee Section 15. The commissioner shall establish a watershed system advisory committee to advise the division on its policies and regulations regarding fishing, boating, and recreational activities and other environmental and wildlife matters in all of the watershed system areas under the control of the division, exclusive of the Quabbin watershed and the Ware river watershed. The committee shall consist of 9 members, the qualifications of whom shall be determined by regulation by the commissioner. The committee shall elect a chairperson from among its members, shall meet at least twice each calendar year, and may provide for alternate members to participate fully in its meetings whenever a regular member is unable to do so.

M.G.L. c. 92A1/2, § 16 Periodic watershed management plans

c. 92A1/2, § 16. Periodic watershed management plans Section 16. The commissioner shall at least once every 5 years, adopt after public hearing one or more periodic watershed management plans for the watershed system, which shall have been prepared with the participation of a professionally qualified forester and the appropriate watershed advisory committee. Any watershed management plan shall provide for, but need not be limited to, forestry, water yield enhancement and recreational activities. All forestry activities shall be subject to sections 40 to 46, inclusive, of chapter 132.

M.G.L. c. 92A1/2, § 17 Eminent domain

c. 92A1/2, § 17. Eminent domain Section 17. The department, on behalf of the commonwealth, may take by eminent domain under chapter 79, or acquire by purchase or otherwise, lands in fee, easements, rights and other property that it deems necessary or desirable for carrying out the powers and duties conferred upon it by this chapter relative to the construction, maintenance and operation of the watershed system.

M.G.L. c. 92A1/2, § 18 Eligibility for grants and assistance

c. 92A1/2, § 18. Eligibility for grants and assistance Section 18. The division shall be deemed to be a public entity under section 26A of chapter 21 and shall be eligible for grants and other assistance under the Massachusetts Clean Water Act and other program of federal or state assistance for water supply, or related purposes.

M.G.L. c. 92A1/2, § 19 Department power and authority

c. 92A1/2, § 19. Department power and authority Section 19. The department shall have over the property of the watershed system all the general power and authority, which it has over reservations so far as the same may be exercised consistently with the purposes for which the watershed system is maintained.

M.G.L. c. 92A1/2, § 20 Contracts and consultants

c. 92A1/2, § 20. Contracts and consultants Section 20. The division shall not contract for services exclusive of contracts pursuant to any general or special act relating to forest cutting practices and for consultants performing only those services for the division which regular employees of the division are unable to perform, to accomplish any of its duties nor shall it enter into any interagency agreement for such purpose. Only officers and employees of the division shall perform its duties.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter92A1~2Fetched: 10/20/2026