Obstructions to Navigation Fishways Dam Safety Program

Volume I Chapter 3. Hydropower Rhode Island Renewable Energy Siting Partnership

4.2.4 Obstructions to Navigation

Rhode Island’s Waters and Navigation law authorizes RIDEM to remove any unlawful or unauthorized structure deposited within the tidewaters of Rhode Island when that structure is liable to cause or become a danger to the safe and convenient use of the waters for navigation and other lawful purposes R.I. Gen. Laws 46-6-8. Instances involving the filling of public tidelands are subject to Rhode Island General Laws Section 46-6- 1, “Deposit of dirt and other substances in public tidewaters.” Under this section, RIDEM regulates the depositing of mud, dirt or any other substances in the public tidewaters of Rhode Island. This statute would apply to construction of a hydropower project if the project requires a developer to deposit any substances within the tide waters of Rhode Island. Noncompliance may result in a fine of 100 for each offense. The law specifically prohibits the deposit of substances into the Blackstone or Seekonk Rivers if it is done in such a way which would inhibit the navigability of those rivers R.I. Gen. Laws 46-6-4.

4.2.5 Fishways

Rhode Island Fish and Wildlife legislation authorizes RIDEM to construct fishways around and through existing dams in rivers in the state, “[f]or the purpose of providing for the passage of anadromous fish species to their traditional spawning grounds in fresh water R.I. Gen. Laws 20-12- 4.” Dam owners are required to cooperate with RIDEM plans for fish passage and are not held liable for any damage that occurs to the dam as the result of the fishway construction.

4.2.6 Dam Safety Program

Rhode Island legislation on Inspection of Dams and Reservoirs authorizes RIDEM to inspect every dam in Rhode Island for safety R.I. Gen. Laws 46-19-1. This statute enables RIDEM agents to enter a person’s private property for the purpose of inspecting a dam without rendering themselves liable for trespass. Dam owners and operators are required to facilitate safety evaluations by submitting a description of their dam or reservoir to RIDEM. If RIDEM finds a dam to be unsafe i.e., if there is reasonable cause to believe it poses a danger to life or property, then RIDEM has the authority to require alterations to the dam to minimize risk. In addition, RIDEM must visually inspect high-hazard dams every two years, and significant- hazard dams every five years Section 3.2.3 contains further information on the RIDEM dam hazard classification scheme. Rhode Island legislation on Emergency Action Plans R.I. Gen. Laws 46-19-9 requires cities and towns with high- or significant-hazard dams within their municipal limits to file an Emergency Action Plan EAP for each dam. EAPs are to be updated on an annual basis and filed with the Rhode Island Emergency Management Agency EMA, RIDEM, the chief of the local police department, and the local municipality’s emergency management official. Dam Page 285 Volume I Chapter 3. Hydropower Rhode Island Renewable Energy Siting Partnership owners must reimburse the city of town for the costs of assembling the EAP within 90 days of EAP completion. RIDEM may also elect to request EAPs from owners of low-hazard dams. Further dam safety requirements are given in the RIDEM Rules and Regulations for Dam Safety. Under these regulations, owners of high- and significant-hazard dams must obtain a permit from RIDEM’s Dam Safety Program whenever they perform repairs to their dams. Repairs requiring a permit include removal of trees, excavation on the embankments, reinforcement of embankments, and removal of any major structural component of a dam RIDEM 2007.

4.2.7 CRMC Permit