Massachusetts General Laws - Watershed Management - Chapter 92a½, Section 4

Legal Research Home > Massachusetts Lawyer > Watershed Management > Massachusetts General Laws - Watershed Management - Chapter 92a½, Section 4

Hydroelectricity authority.

[Text of section as amended by 2004, 149, Sec. 149 effective July 1, 2004 until January 15, 2007. See 2004, 149, Secs. 417 and 428.For text effective January 15, 2007, see below.]

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 Water Supply Protection Trust, established in section 73 of chapter 10.

Last modified: March 27, 2006