Rhode Island Code of Regulations Title 490 - Water Resources Board
Rhode Island Code of Regulations Title 490 — Water Resources Board
I. Overview
Title 490 governs the Water Resources Board (WRB) in Rhode Island. The Board is responsible for managing and protecting the state’s water resources to ensure sustainable use, conservation, and quality of water for various needs such as drinking, agriculture, industry, and recreation.
II. Purpose and Functions
Regulate water use within the state to balance competing needs.
Protect water quality from pollution and overuse.
Authorize water withdrawals and allocations.
Plan and implement water resource management programs.
Coordinate with other agencies on water-related issues.
Issue permits and enforce compliance with water resource regulations.
III. Regulatory Scope
Water Rights and Permits
The Board regulates withdrawals of water from surface and groundwater sources.
Permits are required for significant water use, especially for commercial, industrial, or agricultural purposes.
The Board reviews applications to ensure withdrawals do not harm existing users or ecosystems.
Water Quality Protection
Establishes standards and monitoring programs to maintain water quality.
Works to prevent contamination and degradation of water bodies.
Water Conservation
Implements policies to promote efficient water use.
Encourages conservation practices among users.
Enforcement and Compliance
Monitors compliance with permits and regulations.
Can impose penalties for violations, including fines or permit revocations.
Conducts investigations and hearings related to water resource disputes.
IV. Legal Principles and Case Law Concepts
Although there may not be direct case law specific to the Rhode Island Water Resources Board here, some general principles from water law and administrative law are relevant:
Case Concept 1: Public Trust Doctrine
Principle: The state holds water resources in trust for the public and must manage them for the common good.
The Water Resources Board acts as a trustee, balancing private use with public interest.
Case Concept 2: Reasonable Use and Prior Appropriation
Principle: Water use must be reasonable and not harm other users.
The Board’s permitting process embodies this by evaluating applications to prevent overuse or harm.
Case Concept 3: Due Process and Administrative Authority
Permit applicants and affected parties must receive notice and an opportunity to be heard before permits are issued, modified, or revoked.
Decisions of the Board can be challenged in court for arbitrary or capricious action or abuse of discretion.
V. Importance of Title 490
Ensures sustainable and equitable use of water resources.
Protects environmental quality and public health.
Provides a structured legal framework for water management in Rhode Island.
Summary Table
| Area | Description |
|---|---|
| Water Use Permits | Authorizes and regulates significant water withdrawals |
| Water Quality | Standards and monitoring to protect water bodies |
| Conservation | Policies promoting efficient water use |
| Enforcement | Compliance monitoring and penalties for violations |
| Due Process | Fair hearings and appeals in permit decisions |
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