Creation of a Dam Management District

Creation of a Dam Management District Pascoag Upper Dam Association (Forum) (Date)

Creation of a Dam Management District • Pascoag Reservoir / Echo Lake – A Natural Resource • Dam Safety Regulations • Dam Management District Enabling Legislation • Dam Management District Ordinance Agenda

Quality of life Dam District enabling legislation Title 45 Chapter 45-62 State of Rhode Island Business - Campground - Marina 3 Dam Passed laws supporting DEM new Regulations Lake 1 Recreation -Swimming -Boating -Fishing Agenda Just a thought?? Extra Tax Revenues - est. $25 million value Unable to fund needed maintenance ~ 30% membership Upper Dam Association Classified by DEM as a High Hazard Dam Initiated formation of a Dam Management District (DMD) ~ 50% membership Safety Many years of neglect. - $25,000 work needed 2 Wants to donate dam & lake to non-profit org. Town of Burrillville Owner Does not want to own lake or dam Has no intension of doing repairs & maint. Passed Resolutions to write ordinance for Multi-municipal Dam Management District 2007 stricter dam rules & regulations issued 4 Town of Glocester RI-DEM Possible consequence – lower level of the lake

Pascoag Reservoir / Echo Lake A Natural Resource • Quality of Life / Life Style • Swimming Boating Fishing Skiing • Would use this as part of argument for why we need a DMD - Leo • Preservation of Dam • No significant maintenance for years • No indication that will change under current owner • Ownership • Current owner would prefer to donate dam & lake to non-profit organization • Benefits to the community • Campground serving hundreds of campers • Boat Marina for dozens of boat owners • Annual Fishing derbies • Winter Ice fishing • Added property valuations of approximatly $25,000,000 • (strictly due to waterfront premium)

Dam Safety Regulations I’m not satisfied with this yet. Would like to use same theme for all DEM • RI General Law Chapter 46-19, “Inspection of Dams and Reservoirs”, • Originally passed in 1896. • The RI DEM, Office of Compliance and Inspection, promulgated a new regulation titled “Rules and Regulations for Dam Safety” • Effective on December 20, 2007

Dam Safety Regulations • The goal of the Dam Safety Rules and Regulations is: • to fully implement, thereby protecting public safety, real property and natural resources. • to concentrate efforts on the dams that pose a threat to public safety or property • to Require frequent and thourough inspections for their conditions to be known, • Requiring dam owners to take necessary action to return an unsafe dam to a safe condition. (Possible action could be ordering the lowering of the lake)

Dam Safety Regulations • Dam Hazard classification • High: results in a probable loss of human life • Significant: results in no probable loss of human life but can cause major economic loss, disruption of lifeline facilities or impact other concerns detrimental to the public’s health, safety or welfare • Low: results in no probable loss of human life and low economic losses.

Dam Safety Regulations • A high hazard rating does not imply a greater probability that the dam will fail, and has no relationship to the current condition of the dam. • The Pascoag Reservoir Upper Dam • Classified as High Hazard • According to RI DEM, about 60 percent of dam failures were caused by lack of maintenance.

Dam Safety Regulations • The following are the most significant points of the Dam Safety Regulations: • Defining important terms including dam, hazard classifications, maintenance, repair and unsafe dam; • Assigning a hazard classification to each dam in the state • Requiring owners to register their dams and notify DEM when ownership is transferred (no associated fee); • Setting a schedule for visual inspections of high and significant hazard dams; • Streamlining repair of high and significant hazard dams (no associated permit fee); and • Providing a procedure for dam owners to take emergency actions for high and significant hazard dams.

Dam Safety Regulations • Dam Safety Regulations require visual inspections of high and significant hazard dams every 2 years • The Dam Safety Regulations are available on DEM’s website at the following address: (Link)http://www.dem.ri.gov/pubs/regs/regs/compinsp/dams07.pdf .

Dam Management District Enabling Legislation • CHAPTER 45-62 - Dam Management Districts • § 45-62-2 Declaration of purpose. – The purpose of this chapter is to authorize the cities and towns of the state to adopt ordinances creating dam management districts ("district") for dams, the boundaries of which may include all or part of a city or town as specified by the ordinance. • These ordinances shall be designed to prevent threats to public safety and public and private property caused by the failure or breach of dams and to protect the values associated with dams through the implementation of dam repairs, maintenance, management and/or removal. • Dam management districts created pursuant to this chapter shall be bodies corporate and politic, having an existence separate and apart from the town or city and from the state, for the purpose of managing dams and providing for dam safety within the boundaries of the district. I kind of like the the wording to set the tone – that this is a good thing to do.

Dam Management District Enabling Legislation • CHAPTER 45-62 - Dam Management Districts • Authorizes cities and towns to adopt ordinances creating dam management districts for dams • Similar in practice to a Fire District & Water District • Designed to prevent threats to public safety and public and private property caused by the failure or breach of dams • To protect the values associated with dams through the implementation of dam repairs, maintenance, management and/or removal • Supported by the individuals who benefit from the dam

Dam Management District Enabling Legislation • Dam management districts • Created pursuant to this chapter shall be separate corporations • Having legal existence distinct from the town and from the state, • For the purpose of managing dams and providing for dam safety within the boundaries of the district Might be redundant

Why a Dam Management District • Preservation of Dam • No significant maintenance for years • No indication that will change under current owner • Ownership • Current owner would prefer to donate dam & lake to non-profit organization • Control • For years, we have been under treath of legal access and limitations from the owners • Fairness • Voluntary dues have not been equitable with less than half of those benefiting paying in. • Future • At some point in the future, we may need to make major repairs to the dam.

Dam Management District Ordinance • The Pascoag Upper Dam Association Board of Directors voted unanimously to support the creation of a Management District • Worked closely with the Town Councils in both Burrillville and Glocester • The Burrillville Town Council Ordinance Committee • The administrative staffs from both Burrillville and Glocester

Dam Management District Ordinance • Purpose • To prevent threats to the general public welfare, public safety and public and private property caused by the failure or breach of the Pascoag Dam • To protect the values associated with the Dam through the implementation of Dam repairs, maintenance and management • Apportioning among and collecting from the owners of property within the district the costs of maintaining and repairing the Dam and the access routes to the Dam

Dam Management District Ordinance • Area • All properties directly abutting the lake or having direct access to the lake • Any properties having deeded access to the lake

Dam Management District Ordinance • Powers and Duties • the periodic inspection, maintenance and/or repair of the Dam and facilities • Provide for the supervision, control, maintenance, repair and/or reconstruction of the Dam • update members of the Management District on new information or procedures for proper maintenance and operation of the Dam • and the implications for failing to operate and maintain the Dam in a manner that meets generally accepted dam safety practices;

Dam Management District Ordinance • Powers and Duties (continued) • Raise and expend funds for the administration, operation, contractual obligations, and services of the district, • Fix rates and collect fees, • Acquire, hold, use, sell, transfer and lease real or personal property necessary for access, maintenance, repair or operation of the Dam • Apply for, contract for, receive, and expend grants and loans for the maintenance, repair, removal and/or reconstruction of the Dam

Dam Management District Ordinance • Indemnification • Any elected or appointed district official, employee, or member of the Management District is entitled to all the rights and benefits of indemnification by the district, as provided by § 45-15-16. • Link: http://www.rilin.state.ri.us/Statutes/TITLE45/45-15/45-15-16.HTM

Dam Management District Ordinance • Voting • “Eligible Voter” shall mean the owner(s) of property • [parcel(s) of land or a dwelling on leased land or on land owned by a Homeowner’s Association] • located in the Management District and assessed by the Burrillville and/or Glocester Assessors' Office for real estate tax purposes.

Dam Management District Ordinance • Board of Directors • The board of directors shall consist of seven individuals all of whom must be Eligible Voters of the Management District. • Five members shall be owners of property in the Town of Burrillville • Two members shall be owners of property in the Town of Glocester.

Dam Management District Ordinance • Initial Composition of Board • Shall be determined as follows: • the Burrillville Town Council shall appoint five (5) individuals to the Board of Directors • the Glocester Town Council shall appoint two (2) individuals to the Board of Directors. • The initial members of the Board of Directors shall serve until the first Annual Budget Meeting. • Thereafter, the Board of Directors shall be elected • by majority vote of a quorum, for terms as established in the Management District by-laws.

Dam Management District Ordinance • Board of Directors Structure • President • Vice President • Secretary • Collector • Assessor • Treasurer • The Board of Directors shall appoint all officers and committees

Dam Management District Ordinance • Reporting Requirements of Distirct • At least annually • shall submit complete and detailed reports to: • Towns of Burrillville and Glocester • Department of Environmental Management

Dam Management District Ordinance • Initial Actions of District • Upon the passage of this ordinance, • the Board of Directors shall within six (6) months call the Initial Meeting of the Management District for the purpose of adopting by-laws. • Within six (6) months from the approval of by-laws, the Board of Directors shall call the Initial Budget Meeting of the Management District in accordance with the duly adopted by-laws of the Management District.

Dam Management District Ordinance • Annual Budget Meetings • Shall be held as specified in by-laws • Board of Directors shall prepare the budget each year. • The proposed budget and a notice of the date, time and place of the Annual Budget Meeting shall be sent to all property owners in the Management District • Approval of the budget shall be by a majority of the votes cast

Conclusion

Creation of a Dam Management District