Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 36.00 - Massachusetts Water Resources Management Program
Section 36.41 - Actions to Resolve a Water Supply Emergency
Current through Register 1531, September 27, 2024
(1) During a declared state of water supply emergency, to the extent not in conflict with applicable federal laws or regulations but notwithstanding any general or special law, local law or contractual agreement to the contrary, the Department may issue orders applicable within or outside the area in which any water emergency exists to:
(2) No taking of land or purchase or sale of water shall be undertaken pursuant to an approved water supply emergency plan unless the Department has issued an order authorizing the taking, purchase or sale. The use of such land or purchase or sale of such water pursuant to the authority of M.G.L. c. 21G, §§ 15 through 17 and 310 CMR 36.40 through 36.42 shall not exceed the duration of the Department's declaration, but in no case shall it exceed six months cumulatively in any 12 month period.
(3) Temporary pipes and other works may be installed in order to convey water pursuant to a taking, purchase or sale authorized in accordance with 310 CMR 36.41(1)(f) provided that the installation or repair of such pipes or other works along any highway shall be accomplished with the least possible hindrance to public travel, and shall be subject to the direction and approval of the officers or departments in charge of the maintenance of said highway where applicable.
(4) During a declared state of water supply emergency, a public water supplier may be permitted to sell or otherwise distribute water to the public water supplier in the state of water supply emergency as provided in an approved water supply emergency plan and authorized by order of the Department. Withdrawals for any such sale or distribution of water may be made in addition to withdrawals authorized in any registration or permit held by the selling or distributing public water supplier.