§ 3301. Water supply; construction; condemnation; exceptions
A municipal corporation is hereby authorized and empowered to construct, maintain,
and repair an artesian well, reservoir or reservoirs, pumps, engines, and apparatus;
take, purchase, and acquire any artesian wells, ponds, springs, streams, water courses,
real estate, water rights, flowage rights, and easements necessary for its purposes
within the limits provided by this section, together with such land surrounding and
adjacent to the same as may be reasonably necessary for protecting and preserving
the purity of the water in such artesian wells, ponds, springs, and streams; and may
enclose such artesian wells, ponds, springs, and streams by suitable fences for the
purpose of such protection; and such corporation, within the limits set forth in this
section, and subject to the provisions of 30 V.S.A. § 108, may take, acquire, or purchase any or all of the rights or properties owned or operated
by any person or corporation engaged in the business of a water company, as defined
by 30 V.S.A. § 203, within the limits of such municipal corporation. Such corporation may enter in and
upon any land or water for the purpose of making surveys, may take and construct dams
and reservoirs, lay pipes and aqueducts, may connect the same with the main aqueduct
as may be necessary to convey the water taken to the reservoirs of such municipal
corporation and distribute the same through such municipal corporation for the purpose
of supplying the inhabitants thereof with water for fire, domestic, and other purposes.
However, such municipal corporation shall not take otherwise than by purchase water
or a spring of water that the owner or lessee or other person having a vested right
or interest in such water or the use thereof may reasonably require for domestic use
or the watering of animals on the premises where such water may be in use. (Amended 2019, No. 131 (Adj. Sess.), § 256.)
§ 3302. Entry on lands
For the purposes enumerated in section 3301 of this title, such municipal corporation may enter upon and use any land and enclosures over or
through which it may be necessary for an aqueduct or pipes to pass, and may thereon
dig, place, lay, and construct such pipes, aqueducts, reservoirs, appurtenances, and
connections as may be necessary for the complete construction and repairing of the
same. From time to time, such corporation may open the ground in any streets, lanes,
avenues, highways, and public grounds for the purpose of laying down and repairing
such pipes, aqueducts, reservoirs, and appurtenances, as may be necessary for conducting
the water and the purposes aforesaid. However, such streets, lanes, avenues, highways,
and public grounds shall not be injured, but shall be left in as good condition as
before the laying of such pipes, aqueducts, reservoirs, and appurtenances.
§ 3303. Compensation; condemnation
The municipal corporation may agree with the owner or owners of any property, franchise,
easement, or right that may be required by the municipal corporation for the purposes
of this chapter, as to the compensation to be paid. In case of failure to agree as
to the compensation, or in case the owner is an infant, a person who lacks capacity
to protect his or her interests due to a mental condition or psychiatric disability,
absent from the State, unknown, or the owner of a contingent interest, the Superior
Court within and for the county where the subject property is situated on the petition
of either party, may cause the notice to be given of the petition as the presiding
judge of the court may prescribe. After proof thereof, the presiding judge may appoint
three disinterested persons as commissioners to examine the property to be taken or
damaged by the municipal corporation. The commissioners after being duly sworn, upon
due notice to all parties in interest, shall view the premises, hear the parties in
respect to the property, and shall assess and award to the owners and persons so interested
just damages for any injury sustained and make report in writing to the presiding
judge. The presiding judge may accept the report, unless just cause is shown to the
contrary. The presiding judge may order the municipal corporation to pay the same
in the time and manner as he or she may prescribe, in full compensation for the property
taken, or the injury done by the municipal corporation, or the presiding judge may
reject or recommit the report if the ends of justice so require. On compliance with
the order, the municipal corporation may proceed with the construction of its work
without liability for further claim for damages. The presiding judge may award costs
in the proceeding in his or her discretion. The cause may be transferred to the Supreme
Court as provided in 12 V.S.A. § 4601. (Amended 2013, No. 96 (Adj. Sess.), § 154; 2019, No. 131 (Adj. Sess.), § 257.)
§ 3304. Record
Such municipal corporation, within 60 days after the taking of any property, franchise,
easement, or right under the provisions of this chapter, shall file in the office
of the clerk of the municipal corporation where the same is situated, a description
thereof.
§ 3305. Contract for water
(a) Such municipal corporation may contract with any town, city, or village, or any corporation
and individuals to supply water to such municipal corporation for the protection of
property and for domestic and other purposes.
(b) A municipal corporation is authorized to enter into, with any contracting party or
parties, contracts, leases, or lease-purchase agreements with respect to the construction,
operation, and maintenance of water systems. These contracts may be entered into
for terms not to exceed 40 years or the useful life of the system, whichever is less. (Amended 1983, No. 191 (Adj. Sess.), § 2.)
§ 3306. Charges; lien
The owner or occupant of any tenement, house, or building who takes the water of a
municipal corporation shall be liable for the rent or price of the same, and the officers
and agents of the municipal corporation entrusted with the care and superintendence
of the water may at all reasonable times enter all premises so supplied to examine
the pipes and fixtures and prevent any unnecessary waste. If any person, without the
consent of the municipal corporation, shall use any water, a civil action on this
statute may be maintained against the person by the municipal corporation for the
recovery of damages. The charges, rates, or rents for water shall be a lien upon the
real estate furnished with the municipal corporation water in the same manner and
to the same effect as taxes are a lien on real estate under 32 V.S.A. § 5061. (Amended 2019, No. 131 (Adj. Sess.), § 258.)
§ 3307. Interference with supply
If any person diverts the water or part of any of the artesian wells, ponds, springs,
streams, aqueducts, water courses, or reservoirs, that shall be taken, used, or constructed
by such municipal corporation, or shall corrupt the same, or make it impure, or commit
any nuisance therein, or shall bathe therein, or within the limits, that may be taken
or prescribed by such municipal corporation pursuant to the provisions of this chapter,
or injure or destroy any artesian well, dam, embankment, aqueduct, pipe, reservoir,
conduit, hydrant, structure, pump, machinery, or other property held, owned, or used
by such municipal corporation under the provisions of this chapter, such person shall
be liable to such municipal corporation in treble damages, to be recovered in a civil
action on this statute, and any such person on conviction of a violation under this
section shall be fined not exceeding $100.00 or committed to the Commissioner of Corrections
not more than six months, or both. (Amended 1971, No. 199 (Adj. Sess.), § 17; 1981, No. 223 (Adj. Sess.), § 23; 2019, No. 131 (Adj. Sess.), § 259.)
§ 3308. Taxes; bonds
For the purpose of successfully organizing, establishing, and operating its waterworks,
and making such improvements as may be necessary, such municipal corporation is authorized
and empowered to purchase, take, and hold real and personal estate; levy and collect
such taxes upon the ratable estate of the municipal corporation as is necessary for
the payment of municipal corporation water department expenses and indebtedness; issue
its negotiable bonds in such sums and payable at such times and places as may be deemed
advisable, for the purpose aforesaid only; and borrow such money from time to time
as may be necessary to enable the water department to carry on the work of adequately
supplying the municipal corporation with water.
§ 3309. Bond issue
Any municipal corporation that is authorized by any general or special law to acquire
and maintain a water system may issue its bonds for water purposes pursuant to such
law, without regard to any restrictions thereon prescribed by this chapter.
§ 3310. Limitations
Bonds issued under the authority of this chapter shall be authorized and issued in
accordance with and subject to the limitations and provisions of chapter 53, subchapter
1 of this title. They shall not be considered as indebtedness of the municipal corporation
limited by section 1762 of this title, may be paid in not more than 40 years from the date of issue notwithstanding the
limitation of section 1759 of this title, may be authorized by a majority of those voting by ballot on the question at a meeting
of the municipal corporation held for the purpose under chapter 53, subchapter 1 of
this title notwithstanding any provisions of general or special law that may require
a greater vote, and may be so arranged that beginning with the first year in which
principal is payable, the amount of principal and interest in any year shall be as
nearly equal as is practicable according to the denomination in which such bonds or
other evidences of indebtedness are issued notwithstanding other permissible payment
schedules authorized by section 1759 of this title. (Amended 1965, No. 63, eff. May 19, 1965; 1971, No. 166 (Adj. Sess.), § 1, eff. March 22, 1972.)
§ 3311. Rates
Such municipal corporation may establish rates by meter service or annual rents to
be charged and paid at such times, and in such manner as such municipal corporation
shall determine for the supply of water to the inhabitants of such municipal corporation
and others. From time to time, it may alter, modify, increase, or diminish such rates
and extend them to any description of property or use as such municipal corporation
may deem proper. Such rates or rents may be ordered to be paid in advance, and all
necessary orders and provision may be made and enforced by such municipal corporation,
relating to the supply or stoppage of water, as it may deem necessary to insure such
advance payments.
§ 3312. Repealed. 1977, No. 50, § 5.
§ 3313. Duties of water commissioners, use of proceeds
(a) Water commissioners shall have the supervision of such municipal water department
and shall make and establish all needful water rates, charges, rules, and regulations
for its control and operation. Such commissioners may appoint or remove a superintendent
at their pleasure. The receipts derived by the municipal corporation from its waterworks
shall only be used and applied to pay the principal and interest upon the water bonds
of such municipal corporation, the expense of repairs and management of the water
department, and payment into the dedicated fund created under subsection (b) of this
section.
(b) Receipts derived by a municipality from its waterworks may be deposited in a dedicated
fund created by the water commissioners under section 2804 of this title, to finance major rehabilitation, major maintenance and costs of upgrading the water
supply system, and for the accumulation of funds to be used to match federal funds
pursuant to 10 V.S.A. § 1624(d). Such revenues may include a surcharge established by the water commissioners of
up to 15 percent on the costs of normal operations, maintenance, and debt service.
The fund balance shall not exceed the estimated costs of the purposes for which the
fund is established, and shall be maintained in deposits insured by the United States
of America or an agency of the United States. Withdrawals shall be made only for purposes
for which the fund was established. Such a fund shall meet the requirements of subdivision 4756(a)(4) of this title. (Amended 1997, No. 62, § 62, eff. June 26, 1997.)
§ 3314. Records
Every bond issued by such municipal corporation for water purposes, under the provisions
of sections 3309 and 3310 of this title, shall be signed by the clerk and treasurer of such municipal corporation and shall
have the certificate of such clerk that such bond is one of a series authorized by
such municipal corporation. Its records shall be so kept as to show the issue of
the bonds, the amounts and dates of the same, when due, and the time of their payment.
§ 3315. Ordinances
Such municipal corporation shall have the power to make, establish, alter, amend,
or repeal ordinances, regulations, and bylaws relating to the matters contained in
this chapter and not inconsistent with law, including the authority to require existing
customers to remain connected to such municipal system, and to impose penalties for
the breach thereof, and enforce the same. (Amended 1997, No. 134 (Adj. Sess.), § 13.)
§ 3316. Meetings; vote
Any action taken by a municipal corporation under the provisions of this chapter or
relating to the matters set forth in this chapter shall be by vote of the majority
of the legal voters of the municipal corporation at a meeting duly warned and held,
unless otherwise provided. (Amended 2019, No. 131 (Adj. Sess.), § 260.)