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

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

3. Agenda Just a thought?? - Campground 3 Dam Lake 1 -Swimming
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

4. Pascoag Reservoir / Echo Lake A Natural Resource
Quality of Life / Life Style
Swimming Boating Fishing Skiing
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)
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

5. 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

6. 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)
Our lake and the quality of life we currently enjoy could be in serious jeopardy if certain actions are not taken to improve the condition of the dam.

7. 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.

8. 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.

9. 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.

10. 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) .

11. Dam Management District Enabling Legislation
CHAPTER Dam Management Districts
§  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.

12. Dam Management District Enabling Legislation
CHAPTER 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

13. 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

14. 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.

15. 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

16. 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

17. 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

18. 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;

19. 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

20. 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 §
Link:

21. 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.

22. 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.

23. 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.

24. 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

25. 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

26. 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.

27. 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

28. Conclusion