Sec. 25-83a. Reimbursement of public service companies for relocation of
facilities in connection with flood control projects. Whenever the construction of any
flood control project, including its reservoirs, for which the state has agreed to provide
the necessary lands, easements and rights-of-way, requires the readjustment, relocation
or removal of any public service facility, as defined in section 13a-126, located within,
on, along, over or under any land comprising the right-of-way of a public highway,
the Commissioner of Environmental Protection shall issue an appropriate order to the
company, corporation or municipality owning or operating such facility, and such company, corporation or municipality shall readjust, relocate or remove the same promptly
in accordance with such order, and the cost of such readjustment, relocation or removal,
including the cost of installing and constructing a facility of equal capacity in a new
location, shall be borne by the state. In establishing the cost to be borne by the state,
there shall be deducted from the cost of the readjusted, relocated or removed facilities
a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and
the unexpired term of such life use. When any facility is removed from the right-of-way
of a public highway to a private right-of-way, the state shall not pay for such private
right-of-way. If the commissioner and the company, corporation or municipality owning
or operating such facility cannot agree upon the cost to be borne by the state, either may
apply to the superior court for the judicial district within which such highway is situated,
or, if said court is not in session, to any judge thereof, for a determination of the cost to
be borne by the state, and said court or such judge, after causing notice of the pendency
of such application to be given to the other party, shall appoint a state referee to make
such determination. Such referee, having given at least ten days' notice to the parties
interested of the time and place of the hearing, shall hear both parties, shall view such
highway, shall take such testimony as he deems material and shall thereupon determine
the amount of the cost to be borne by the state and forthwith report to the court. If the
report is accepted by the court, such determination shall, subject to right of appeal as
in civil actions, be conclusive upon both parties.
(1961, P.A. 595; 1971, P.A. 872, S. 116; P.A. 78-280, S. 2, 127.)
History: 1971 act replaced water resources commission with environmental protection commissioner; P.A. 78-280
substituted "judicial district" for "county".
See Sec. 22a-321 re reimbursement of public service companies for relocation of facilities.
PART II*
MUNICIPAL FLOOD AND EROSION CONTROL BOARDS
*Cited. 1 CA 417, 418.
Sec. 25-84. Municipal flood and erosion control boards. Appointment of alternate members. (a) Any municipality may, by vote of its legislative body, adopt the
provisions of this section and sections 25-85 to 25-94, inclusive, and exercise through
a flood and erosion control board the powers granted thereunder. In each town, except
as otherwise provided by special act, the flood and erosion control board shall consist
of not less than five nor more than seven members, who shall be electors of such town
and whose method of selection and terms of office shall be determined by local ordinance, except that in towns having a population of less than fifty thousand the selectmen
may be empowered by such ordinance to act as such flood and erosion control board. In
each city or borough, except as otherwise provided by special act, the board of aldermen,
council or other board or authority having power to adopt ordinances for the government
of such city or borough may act as such board. The flood and erosion control board of
any town shall have jurisdiction over that part of the town outside any city or borough
contained therein.
(b) Any town, city or borough shall have the power to provide by ordinance for the
appointment or election of three alternate members to its flood and erosion control board.
Such alternate members shall, when seated as herein provided, have all the powers and
duties set forth for such board and its members. Such alternate members shall be electors
of such town, city or borough. If a regular member of any of said board is absent or is
disqualified, the chairman of the board shall designate an alternate to so act, choosing
alternates in rotation so that they shall act as nearly equal a number of times as possible.
If any alternate is not available in accordance with such rotation, such fact shall be
recorded in the minutes of the meeting.
(1955, S. 2383d; November, 1955, S. N206; 1957, P.A. 13, S. 94; P.A. 76-398, S. 1, 2; P.A. 89-305, S. 29, 32.)
History: P.A. 76-398 replaced provision requiring that flood and erosion control board consist of five members with
provision requiring at least five but no more than seven members and added Subsec. (b) re alternate members; P.A. 89-305 amended Subsec. (a) by authorizing towns with less than fifty thousand, rather than twenty-five thousand, to empower
selectmen to act as the board.
Cited. 151 C. 307.
Cited. 1 CA 417-419.
Sec. 25-85. Establishment of flood or erosion control system. Such board shall
have authority, within the limits of appropriations from time to time made by the municipality, to plan, lay out, acquire, construct, reconstruct, repair, maintain, supervise and
manage a flood or erosion control system. As used in sections 25-84 to 25-94, inclusive,
"flood or erosion control system" means any dike, berm, dam, piping, groin, jetty, sea
wall, embankment, revetment, tide-gate, water storage area, ditch, drain or other structure or facility useful in preventing or ameliorating damage from floods or erosion,
whether caused by fresh or salt water, or any dam forming a lake or pond that benefits
abutting properties, and shall include any easements, rights-of-way and riparian rights
which may be required in furtherance of any such system.
(1955, S. 2384d; November, 1955, S. N207; June Sp. Sess. P.A. 83-38, S. 4.)
History: June Sp. Sess. P.A. 83-38 provided that the definition of flood or erosion control system includes dams.
Sec. 25-86. Taking of property. Such board is authorized to enter upon and to
take and hold, by purchase, condemnation or otherwise, any real property or interest
therein which it determines is necessary for use in connection with the flood or erosion
control system. Whenever the board is unable to agree with the owner of any such
property as to the compensation to be paid for the taking thereof, the board, in the
name of the municipality, may bring condemnation proceedings in accordance with
the procedure provided by chapter 835 for condemnation by municipal corporations
generally. In such case, the court or judge may permit immediate possession of such
property by the board in accordance with the procedure provided by said chapter.
(1955, S. 2385d.)
Cited. 151 C. 312.
Cited. 1 CA 417, 418.
Sec. 25-87. Bond issue authorized. Assessments. At any time after voting to acquire, construct or reconstruct any flood or erosion control system or portion thereof,
the board in its discretion may elect to defray the cost thereof by issuing bonds or other
evidences of debt, or from general taxation, special assessment or any combination
thereof. If it elects to defray any part of such cost from special assessment, it may
apportion and assess such part upon the lands and buildings in the municipality which,
in its judgment, are especially benefited thereby, whether they abut on such flood or
erosion control system or not, and upon the owners of such lands and buildings, subject to
the right of appeal as hereinafter provided. Such assessment may include a proportionate
share of any expenses incidental to the completion of such flood or erosion control
system, such as fees and expenses of attorneys, engineers, surveyors, superintendents
or inspectors, the cost of any property purchased or acquired for such work, interest on
securities, the cost of preparing maps, plans and specifications, and the cost of printing,
publishing or serving advertisements or notices incidental thereto. The board may divide
the total territory to be benefited by any flood or erosion control system into sections
and may levy assessments against the property benefited in each section separately. In
assessing benefits against the property in any section, the board may add to the cost of
the part of the flood or erosion control system located in such section a proportionate
share of the cost of any part of such system located outside the section which is useful
for the operation or effectiveness of that part of such system within the section and of
any of the other items of cost or expense above enumerated.
(1955, S. 2386d.)
Sec. 25-88. Method of assessment. Whenever any assessment is made as herein
provided, the amount to be raised thereby shall be apportioned among the properties
benefited according to such rule as the board may adopt, based upon area, street frontage,
assessed valuation of the land in the last-completed grand list of the municipality, the
present or permitted use of any real property in the section, or any combination of these
or other relevant factors. The board may make reasonable allowances when for any
reason the particular condition or situation of any property requires such allowance. No
benefits shall be assessed against any property in excess of the special benefit to accrue
to such property. Assessments under this part shall be made subject to the provisions
of sections 7-139 to 7-145, inclusive.
(1955, S. 2387d.)
Sec. 25-89. New and supplementary assessments. If any assessment is not valid
or enforceable for any reason, a new assessment may be made in the manner hereinbefore
provided for the determination of the original assessment. If any assessment is made
which is not sufficient to cover the entire cost of the work to be paid for by such assessment, a supplementary assessment may be made by the board against those properties
previously assessed, to the end that a sum sufficient to pay the cost of such work may
be obtained, provided the total of such supplementary assessment and the original assessment shall not exceed the value of the special benefit to accrue to the property against
which the benefit is assessed.
(1955, S. 2388d.)
Sec. 25-90. Assessment due date. Notice. Assessments shall be due and payable
at such time as may be fixed by the board, provided no assessment shall become due
until the work, or particular portion thereof for which such assessment was levied, has
been completed. The board shall give notice of the date when such assessments are due
and payable by publication at least twice within a period of fifteen days in a newspaper
having a circulation in the municipality, listing the streets and describing the area within
which are located the properties against which assessments are due. Such notice shall
state the date when such assessments are due and payable, which date shall be more
than thirty and less than sixty days after the date of the first such publication.
(1955, S. 2389d.)
Sec. 25-91. Installment payment of assessments. The board may provide for the
payment of such assessments in such number of substantially equal annual installments,
not exceeding twenty, as it determines, and may provide for interest charges on any
deferred payments. Any person who has elected to pay his assessment in more than one
installment may make payment at any time in full of the whole or such part of such
assessment as still remains unpaid.
(1955, S. 2390d.)
Sec. 25-92. Segregation and use of assessment funds. The proceeds of such assessments, whether or not pledged for the payment of securities, shall be segregated
from other funds of the municipality and shall be used only to pay for the construction
or reconstruction of the flood or erosion control system or particular portion thereof in
respect to which such assessments are made or, as the case may be, for the payment of
the interest on or principal of any securities issued to pay for such system or particular
portion thereof.
(1955, S. 2391d.)
Sec. 25-93. Delinquent payments. Any assessment against benefited property not
paid within thirty days of the due date shall thereupon be delinquent and shall be subject
to interest from the due date at the same interest rate and in the same manner as provided
by the general statutes in the case of delinquent taxes, provided, in the case of an assessment payable in installments, interest shall be computed on the entire unpaid balance
of such assessment from the due date of the last installment which was paid, or from
the due date of the assessment if no previous installment has been paid. Each addition
of interest shall become, and be collectible as, a part of such assessment. Whenever any
installment of an assessment becomes delinquent, any remaining unpaid installments
of such assessment shall also become delinquent; provided, if all past due installments,
together with interest and any other charges, have been paid in full, remaining installments may be paid without additional penalty, except for subsequent default, in accordance with the original installment schedule.
(1955, S. 2392d.)
Sec. 25-94. Agreements concerning navigation and flood or erosion control.
Any flood and erosion control board established under section 25-84, any such board
or commission established by special act or any district having as one of its powers and
purposes the right to construct or maintain a flood and erosion control system under
chapter 105, acting through its officers, is authorized to negotiate, cooperate and enter
into agreements with (1) the United States, (2) the United States and the state of Connecticut or (3) the state of Connecticut in order to satisfy the conditions imposed by the
United States or the state of Connecticut in authorizing any system for the improvement
of navigation of any harbor or river and for protection of property against damage by
floods or by erosion, provided such system shall have been approved by the Commissioner of Environmental Protection.
(1949 Rev., S. 4770; 1955, S. 2393d; 1957, P.A. 364, S. 26; 1971, P.A. 872, S. 117.)
History: 1971 act replaced water resources commission with environmental protection commissioner.
Sec. 25-95. Agreements of state and local authorities. The state, acting through
the Commissioner of Environmental Protection, may enter into agreements with such
local authority authorized to contract under section 25-94 for the purpose of constructing
projects or systems to prevent, correct and arrest erosion and flood damage within the
boundaries of the state. The plans, specifications, system and construction shall be under
the direct control and supervision of the commissioner. The contract shall describe (1)
the nature and extent of the system, (2) the amount of the cost to the state, (3) the share
to be paid by the district or board and (4) the method of financing the payment by such
local authority, all of which shall be subject to the approval of the commissioner.
(1955, S. 2395d; 1957, P.A. 364, S. 27; 1971, P.A. 872, S. 118.)
History: 1971 act replaced water resources commission with environmental protection commissioner.
Sec. 25-96. Attorney General to approve agreements. Assistance furnished at
local expense. All contracts and agreements which the state may enter into shall be
approved as to form by the Attorney General. The commissioner is authorized to furnish,
at the request and expense of such local authority authorized to contract under section
25-94, such technical advice consisting of plans, specifications, surveys, cost estimates,
engineering and inspection services as such local authority deems advisable. If such
local authority enters into a contract with the commissioner for the construction of a
system, such expense shall be deemed part of the cost of construction.
(1955, S. 2396d; 1971, P.A. 872, S. 119.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner.
Sec. 25-97. Joint projects of two or more municipalities. When any such improvement or protection project or system is located within two or more municipalities,
such municipalities, acting by their flood and erosion control boards, are authorized to
undertake jointly any such action as is authorized by sections 25-94 and 25-95, and the
cost to each board shall be determined by the Commissioner of Environmental Protection.
(1949 Rev., S. 4771; 1955, S. 2397d; 1957, P.A. 364, S. 28; 1971, P.A. 872, S. 120.)
History: 1971 act replaced water resources commission with environmental protection commissioner.
Sec. 25-98. Acceptance of gifts. In carrying out the purposes for which it was
established, any local authority authorized to contract under section 25-94 may accept,
receive and expend gifts, devises or bequests of money, lands or other properties to be
applied and expended in the manner provided herein.
(1955, S. 2398d.)
PART III
CONNECTICUT RIVER VALLEY FLOOD CONTROL COMMISSION
Sec. 25-99. Connecticut River Flood Control Compact. Approval is hereby
given to a compact in the following form:
CONNECTICUT RIVER FLOOD CONTROL COMPACT
Whereas, the federal government exercises jurisdiction over the nation's navigable
rivers and their tributaries through passage of the flood control act of nineteen hundred
and thirty-six and various other acts amendatory thereto; and
Whereas, these acts provide for construction by the United States of dams for flood
control and, where feasible, in addition to flood control for storage of water to be used
for irrigation, recreation or hydroelectric power or for any of these purposes; and
Whereas, the Connecticut is an interstate river and control of major floods on it can
be obtained only by the construction of dams by the United States under authorization
of the above mentioned acts; and
Whereas, the Commonwealth of Massachusetts and the States of Connecticut, New
Hampshire and Vermont recognize that it is in the interest of their general welfare that
the United States construct in the Connecticut River Valley a comprehensive system of
local protection works and dams and reservoirs to control floods and prevent loss of
life and property, the disruption of orderly processes and the impairment of commerce
between the aforesaid states; and
Whereas, the United States has constructed dikes, flood walls and other local protection works at Hartford and East Hartford in the State of Connecticut and at Springfield,
Riverdale, West Springfield, Chicopee, Northampton, Holyoke, and Springdale, in the
Commonwealth of Massachusetts and dams and reservoirs for the storage of flood waters
at Knightville, Birch Hill and Tully in the Commonwealth of Massachusetts, at Surry
Mountain in the State of New Hampshire and at Union Village in the State of Vermont
and has reached agreements with the state wherein located for construction of dams
and reservoirs for the storage of flood waters at Barre Falls in the Commonwealth of
Massachusetts and at Ball Mountain and at Townshend in the State of Vermont; and
Whereas, the Congress has at various times authorized construction by the United
States of other dams and reservoirs for the storage of flood waters in the Commonwealth
of Massachusetts and in the States of New Hampshire and Vermont and has more recently instructed the corps of engineers to determine what additional local protection
works and dams and reservoirs are required for a comprehensive system to control floods
in the Connecticut River and its tributaries; and
Whereas, it is believed that such a comprehensive flood control system should include
dams and reservoirs controlling flood runoff from approximately twenty-five per cent
of the total drainage area of the Connecticut River above Hartford, Connecticut, and
strategically located in reference to characteristics of tributaries and to damage centers; and
Whereas, construction by the United States of additional dams and reservoirs in the
Commonwealth of Massachusetts and in the States of New Hampshire and Vermont,
to complete such a comprehensive flood control system, will remove from the tax rolls
of local governments of those states such property as is acquired by the United States
and may work other hardships against the people of Massachusetts, New Hampshire
and Vermont; and
Whereas, it is highly desirable that any flood control dam and reservoir constructed
by the United States in the Connecticut River Valley have the approval of the state
wherein it is located and that states benefiting from construction of such dam and reservoir make reimbursement for such loss of taxes and for such hardships; and
Whereas, a comprehensive system for the prevention of destructive floods and for
water resources utilization in the Connecticut River Valley can best be accomplished
by cooperation between the several states in the valley and by and through a common
and joint agency of said several states;
Now, therefore, the said Commonwealth of Massachusetts and States of Connecticut,
New Hampshire and Vermont do hereby enter into the following compact, to-wit:
ARTICLE I
The principal purposes of this compact are: (a) To promote interstate comity among
and between the signatory states; (b) to assure adequate storage capacity for impounding
the waters of the Connecticut River and its tributaries for the protection of life and
property from floods; (c) to provide a joint or common agency through which the signatory states, while promoting, protecting and preserving to each the local interest and
sovereignty of the respective signatory states, may more effectively cooperate in accomplishing the object of flood control and water resources utilization in the basin of the
Connecticut River and its tributaries.
ARTICLE II
There is hereby created "The Connecticut River Valley Flood Control Commission",
hereinafter referred to as the "commission", which shall consist of twelve members,
three of whom shall be residents of the Commonwealth of Massachusetts; three of whom
shall be residents of the State of Connecticut; three of whom shall be residents of the
State of New Hampshire; and three of whom shall be residents of the State of Vermont.
The members of the commission shall be chosen by their respective states in such
manner and for such terms as may be fixed and determined from time to time by the
law of each of said states respectively by which they are appointed. A member of the
commission may be removed or suspended from office as provided by the law of the
state for which he shall be appointed, and any vacancy occurring in the commission
shall be filled in accordance with the laws of the state wherein such vacancy exists.
A majority of the members from each state shall constitute a quorum for the transaction
of business, the exercise of any of its powers or the performance of any of its duties,
but no action of the commission shall be binding unless at least two of the members
from each state shall vote in favor thereof.
The compensation of members of the commission shall be fixed, determined, and
paid by the state which they respectively represent. All necessary expenses incurred in
the performance of their duties shall be paid from the funds of the commission.
The commission shall elect from its members a chairman, vice-chairman, clerk and
treasurer. Such treasurer shall furnish to the commission, at its expense, a bond with
corporate surety, to be approved by the commission, in such amount as the commission
may determine, conditioned for the faithful performance of his duties.
The commission shall adopt suitable bylaws and shall make such rules and regulations
as it may deem advisable not inconsistent with laws of the United States, of the signatory
states or with any rules or regulations lawfully promulgated thereunder.
The commission shall make an annual report to the governor and legislature of each
of the signatory states, setting forth in detail the operations and transactions conducted
by it pursuant to this compact.
The commission shall keep a record of all its meetings and proceedings, contracts
and accounts, and shall maintain a suitable office, where its maps, plans, documents,
records and accounts shall be kept, subject to public inspection at such times and under
such regulations as the commission shall determine.
ARTICLE III
The commission shall constitute a body, both corporate and politic, with full power
and authority: (1) To sue and be sued; (2) to have a seal and alter the same at pleasure;
(3) to appoint and employ such agents and employees as may be required in the proper
performance of the duties hereby committed to it and to fix and determine their qualifications, duties and compensation; (4) to enter into such contracts and agreements and to
do and perform any and all other acts, matters and things as may be necessary and
essential to the full and complete performance of the powers and duties hereby committed to and imposed upon it and as may be incidental thereto; (5) to have such additional
powers and duties as may hereafter be delegated to or imposed upon it from time to
time by the action of the legislature of any of said states, concurred in by the legislatures
of the other states and by the Congress of the United States.
The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the corps of engineers and other federal agencies, for the
development of a comprehensive plan for flood control and for utilization of the water
resources of the Connecticut River Valley.
The commission shall not pledge the credit of the signatory states or any of them.
ARTICLE IV
The signatory state wherein is located the site of each of the following dams and
reservoirs agrees to the construction by the United States of each such dam and reservoir
in accordance with authorization by the Congress:
In the Commonwealth of Massachusetts,
(1) At Barre Falls on the Ware River controlling a drainage area of approximately
fifty-seven (57) square miles and providing flood storage of approximately eight (8)
inches of runoff from said drainage area.
In the State of Vermont,
(1) At West Townshend on the West River controlling a net drainage area of approximately one hundred six (106) square miles and providing flood control storage of approximately six (6) inches of runoff from said drainage area.
(2) At Ball Mountain on the West River controlling a net drainage area of approximately one hundred thirty-two (132) square miles and providing flood control storage
of approximately six (6) inches of runoff from said drainage area.
(3) At North Hartland on the Ottauquechee River controlling a drainage area of
approximately two hundred twenty-two (222) square miles and providing flood control
storage for approximately six (6) inches of runoff from said drainage area.
(4) At Groton Pond on the Wells River controlling a drainage area of approximately
seventeen and three-tenths (17.3) square miles and providing flood control storage for
approximately eight (8) inches of runoff from said drainage area.
(5) At Victory on the Moose River controlling a drainage area of approximately
sixty-six (66) square miles and providing flood control storage for approximately seven
(7) inches of runoff from said drainage area.
(6) In Bloomfield on the Nulhegan River controlling a drainage area of approximately seventy (70) square miles and providing flood control storage for approximately
nine (9) inches of runoff from said drainage area.
In the State of New Hampshire,
(1) At South Keene on the Otter Brook, tributary of the Ashuelot River, controlling
a drainage area of approximately forty-seven (47) square miles and providing flood
control storage for approximately seven (7) inches of runoff from said drainage area.
(2) At Walpole on the Cold River controlling a drainage area of approximately one
hundred one (101) square miles and providing flood control storage for approximately
eight (8) inches of runoff from said drainage area.
(3) At Bethlehem Junction on the Ammonoosuc River controlling a drainage area
of approximately ninety (90) square miles and providing flood control storage for approximately six (6) inches of runoff from said drainage area.
(4) At Franconia Junction on the Ammonoosuc River controlling a drainage area
of approximately thirty (30) square miles and providing flood control storage for approximately eight (8) inches of runoff from said drainage area.
(5) At Swift Water on the Wild Ammonoosuc River controlling a drainage area of
approximately fifty-seven (57) square miles and providing flood control storage for
approximately ten (10) inches of runoff from said drainage area.
ARTICLE V
The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) per cent and the State of Vermont fifty (50) per cent of the amount of
taxes lost to their political subdivisions by reason of ownership by the United States of
lands, rights or other property therein for the flood control dams and reservoirs at Surry
Mountain in New Hampshire and at Union Village in Vermont.
The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts
forty (40) per cent, the State of New Hampshire forty (40) per cent and the State of
Vermont forty (40) per cent of the amount of taxes lost to the political subdivisions by
reason of ownership by the United States of lands, rights or other property therein for
the flood control dams and reservoirs at Tully, at Knightville and at Birch Hill in Massachusetts, at Surry Mountain in New Hampshire and at Union Village in Vermont.
The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) per cent and the State of Vermont fifty (50) per cent of the amount of
taxes lost to their political subdivisions by reason of acquisition and ownership by the
United States of lands, rights or other property therein for construction in the future of
any flood control dam and reservoir specified in Article IV and also for any other flood
control dam and reservoir hereafter constructed by the United States in the Connecticut
River Valley.
The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts
forty (40) per cent, the State of New Hampshire forty (40) per cent and the State of
Vermont forty (40) per cent of the amount of taxes lost to their political subdivisions
by reason of acquisition and ownership by the United States of lands, rights or other
property therein for construction in the future of any flood control dam and reservoir
specified in Article IV and also for any other flood control dam and reservoir hereafter
constructed by the United States in the Connecticut River Valley.
Annually, not later than November first of each year, the commission shall determine
the loss of taxes resulting to political subdivisions of each signatory state by reason of
acquisition and ownership therein by the United States of lands, rights or other property
in connection with each flood control dam and reservoir for which provision for tax
reimbursement has been made in the four paragraphs next above. Such losses of taxes
as determined by the commission shall be based on the tax rate then current in each
such political subdivision and on the average assessed valuation for a period of five years
prior to the acquisition by the United States of such property, provided that whenever a
political subdivision wherein a flood control dam and reservoir or portion thereof is
located shall have made a general revaluation of property subject to the annual municipal
taxes of such subdivision, the commission may use such revaluation for the purpose of
determining the amount of taxes for which reimbursement shall be made. Using the
percentage of payment agreed to in said four paragraphs, the commission shall then
compute the sum, if any, due from each signatory state to each other signatory state and
shall send a notice to the treasurer of each signatory state setting forth in detail the sums,
if any, each is to pay to and to receive from each other signatory state in reimbursement
of tax losses.
Each signatory state on receipt of formal notification from the commission of the sum
which it is to pay in reimbursement for tax losses shall, not later than July first of the
following year, make its payment for such tax losses to the signatory state wherein such
loss or losses occur, except that in case of the first annual payment for tax losses at any
dam or reservoir such payment shall be made by payor states not later than July first of
the year in which the next regular session of its legislature is held.
Payment by a signatory state of its share of reimbursement for taxes in accordance
with formal notification received from the commission shall be a complete and final
discharge of all liability by the payor state to the payee state for each flood control dam
and reservoir within the payee state for the time specified in such formal notification.
Each payee signatory state shall have full responsibility for distributing or expending
all such sums received, and no agency or political subdivision shall have any claim
against any signatory state other than the payee state, nor against the commission relative
to tax losses covered by such payments.
Whenever a state which makes reimbursement for tax losses and a state which receives
such reimbursement from it shall agree, through the commission, on a lump sum payment
in lieu of annual payments and such lump sum payment has been made and received,
the requirement that the commission annually shall determine the tax losses, compute
sums due from each state and send notice thereof to the treasurer of each state shall no
longer apply to the aforesaid states with respect to any flood control dam and reservoir
for which lump sum payment has been made and received.
The Commonwealth of Massachusetts and the State of Connecticut each agrees to
pay its respective share in reimbursement, as determined by the commission under the
procedure following, for economic losses and damages occurring by reason of ownership of property by the United States for construction and operation of a flood control
dam and reservoir at any site specified in Article IV, and for any other flood control
dam and reservoir constructed hereafter by the United States in the Connecticut River
Valley, provided, however, that no reimbursement shall be made for speculative losses
and damages or losses or damages for which the United States is liable.
On receipt of information from the chief of engineers that request is to be made for
funds for the purpose of preparing detailed plans and specifications for any flood control
dam and reservoir proposed to be constructed in the Connecticut River Valley, including
those specified in Article IV, the commission shall make an estimate of the amount of
taxes which would be lost to and of economic losses and damages which would occur
in political subdivisions of the signatory state wherein such dam and reservoir would
be located, wholly or in part, by reason of acquisition and ownership by the United
States of lands, rights or other property for the construction and operation of such flood
control dam and reservoir and shall decide whether the flood control benefits to be
derived in the signatory states from such flood control dam and reservoir, both by itself
and as a unit of a comprehensive flood control plan, justifies, in the opinion of the
commission, the assumption by signatory states of the obligation to make reimbursement
for loss of taxes and for economic losses and damages. Such estimate and decision shall
thereafter be reviewed by the commission at five-year intervals until such time as the
United States shall have acquired title to the site of such flood control dam or plans for
its construction are abandoned. The commission shall notify the governor, the members
of the United States Senate and the members of the United States House of Representatives from each signatory state and the chief of engineers as to the commission's decision
and as to any change in such decision.
On receipt of information from the chief of engineers that any flood control dam and
reservoir is to be constructed, reconstructed, altered or used for any purpose in addition
to flood control, including those flood control dams and reservoirs heretofore constructed and those specified in Article IV, the commission shall make a separate estimate
of the amount of taxes which would be lost to and of economic losses and damages
which would occur in political subdivisions of the signatory state wherein such dam
and reservoir would be located, wholly or in part, by reason of acquisition and ownership
by the United States of lands, rights or other property for the construction and operation
of such dam and reservoir in excess of the estimated amount of taxes which would
be lost and of the economic losses and damages which would occur if the dam were
constructed and operated for flood control only and the commission shall decide the
extent to which, in its opinion, the signatory states would be justified in making reimbursement for loss of taxes and for economic losses and damages in addition to reimbursement for such dam and reservoir if constructed and used for flood control only.
Such estimate and decision shall thereafter be reviewed by the commission at five-year
intervals until such time as such dam and reservoir shall be so constructed, reconstructed,
altered or used or plans for such construction, reconstruction, alteration or use are abandoned. The commission shall notify the governor, the members of the United States
Senate and the members of the United States House of Representatives from each signatory state as to the commission's decision and as to any change in such decision.
Within thirty days after acquisition by the United States of the site of any flood control
dam the commission shall proceed to make a final determination of economic losses
and damages occasioned by such dam and reservoir. The commission shall not include
in such determination either speculative losses and damages or losses and damages for
which the United States is liable.
The commission shall compute the share the Commonwealth of Massachusetts and
the State of Connecticut shall each pay to the state wherein such dam and reservoir is
located by multiplying the sum of such losses and damages, as previously determined,
by the percentage of flood control benefits which the Commonwealth of Massachusetts
and the State of Connecticut each receives, in the allocation by states, of the flood control
benefits resulting from the dam and reservoir.
The commission shall send a notice to the treasurer of the Commonwealth of Massachusetts and to the treasurer of the State of Connecticut setting forth in detail the sum,
if any, each is to pay to the state wherein such dam and reservoir is located in reimbursement for economic losses and damages and shall also send such notice to the treasurer
of the state wherein such dam and reservoir is located.
The Commonwealth of Massachusetts and the State of Connecticut on receipt of such
formal notification by the commission shall each pay its share of such economic losses
or damages to the signatory states wherein such losses or damages occur. Full payment
by either state of the sum specified in such formal notification from the commission as
to the amount of economic losses and damages for which such state is to make reimbursement shall be a complete and final discharge of all liability by the payor state to the
payee state for economic losses and damages for each flood control dam and reservoir
within the payee state designated in such formal notification. Each payee signatory state
shall have full responsibility for distributing or expending all such sums received and
no agency, political subdivision, private person, partnership, firm, association or corporation shall have any claim against any signatory state other than the payee state, nor
against the commission relative to such economic losses and damages.
A signatory state may, in agreement with the commission and the chief of engineers,
acquire title or option to acquire title to any or all lands, rights or other property required
for any flood control dam and reservoir within its boundaries and transfer such titles or
options to the United States. Whenever the fair cost to said signatory state for such titles
or options, as determined by the commission, is greater than the amount received therefor
from the United States, the Commonwealth of Massachusetts and the State of Connecticut shall each pay its share of such excess cost to said signatory state, such share to
be determined by the commission in accordance with procedure herein contained for
determining reimbursement for economic losses and damages.
Whenever the commission shall not agree, within a reasonable time or within sixty
days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes or for economic losses and damages at any flood control dam
and reservoir heretofore or hereafter constructed by the United States in the Connecticut
River Valley, or concerning the extent, if any, to which reimbursement shall be made
for additional loss of taxes and for additional economic losses and damages caused by
construction, reconstruction, alteration or use of any such dam for purposes other than
flood control, the governor of each signatory state shall designate a person from his
state as a member of a board of arbitration, hereinafter called the board, and the members
so designated shall choose one additional member who shall be chairman of such board.
Whenever the members appointed by the governors to such board shall not agree within
sixty days on such additional member of the board, the governors of such signatory
states shall jointly designate the additional member. The board shall by majority vote
decide the question referred to it and shall do so in accordance with the provisions of
this compact concerning such reimbursement. The decision of the board on each question
referred to it concerning reimbursement for loss of taxes and for economic losses and
damages shall be binding on the commission and on each signatory state, notwithstanding any other provision of this compact.
ARTICLE VI
Nothing contained in this compact shall be construed as a limitation upon the authority
of the United States.
ARTICLE VII
The signatory states agree to appropriate for compensation of agents and employees
of the commission and for office, administrative, travel and other expenses on recommendation of the commission subject to limitations as follows: The Commonwealth of
Massachusetts obligates itself to not more than seventy-five hundred (7500) dollars in
any one year, the State of New Hampshire obligates itself to not more than one thousand
(1000) dollars in any one year, the State of Vermont obligates itself to not more than
one thousand (1000) dollars in any one year and the State of Connecticut obligates itself
to not more than seventy-five hundred (7500) dollars in any one year.
ARTICLE VIII
Should any part of this compact be held to be contrary to the constitution of any
signatory state or of the United States, all other parts thereof shall continue to be in full
force and effect.
ARTICLE IX
This compact shall become operative and effective when ratified by the Commonwealth of Massachusetts and the States of New Hampshire, Vermont and Connecticut
and approved by the Congress of the United States. Notice of ratification shall be given
by the governor of each state to the governors of the other states and to the President
of the United States, and the President of the United States is requested to give notice
to the governors of each of the signatory states of approval by the Congress of the United
States.
(1951, S. 1940d; P.A. 98-40.)
History: P.A. 98-40 amended Article VII to increase the state's appropriation for the commission from sixty-five
hundred to seventy-five hundred dollars per year.
Sec. 25-100. Commissioners; appointment; terms; vacancy. There shall be
three members of the Connecticut River Valley Flood Control Commission appointed
from this state. On or before May first in the odd-numbered years the Governor, with
the advice and consent of the senate, shall appoint one member of said commission
whose term of office shall be for six years commencing the first day of July following
his appointment and until his successor is appointed and has qualified. Such appointees
shall act as commissioners for the state of Connecticut to execute, with representatives
of the commonwealth of Massachusetts and the states of New Hampshire and Vermont,
the Connecticut River Flood Control Compact and shall have the powers and duties
provided in the compact. Any vacancy in the membership of the commission from
Connecticut shall be filled by the Governor for the unexpired portion of the term.
(1949, 1951, S. 1941d.)
PART IV
THAMES RIVER VALLEY FLOOD CONTROL COMMISSION
Sec. 25-101. Thames River Valley Flood Control Compact. The Governor on
behalf of this state is authorized to enter into a compact, substantially in the following
form, with the Commonwealth of Massachusetts:
ARTICLE I
The principal purposes of this compact are: (a) To promote interstate comity among
and between the signatory states; (b) to assure adequate storage capacity for impounding
the waters of the Thames River and its tributaries for the protection of life and property
from floods; (c) to provide a joint or common agency through which the signatory states,
while promoting, protecting and preserving to each the local interest and sovereignty
of the respective signatory states, may more effectively cooperate in accomplishing the
object of flood control and water resources utilization in the basin of the Thames River
and its tributaries.
ARTICLE II
There is hereby created "The Thames River Valley Flood Control Commission",
hereinafter referred to as the "commission", which shall consist of six members, three
of whom shall be residents of the Commonwealth of Massachusetts; three of whom
shall be residents of the State of Connecticut.
The members of the commission shall be chosen by their respective states in such
manner and for such terms as may be fixed and determined from time to time by the
law of each of said states respectively by which they are appointed. A member of the
commission may be removed or suspended from office as provided by the law of the
state for which he shall be appointed, and any vacancy occurring in the commission
shall be filled in accordance with the laws of the state wherein such vacancy exists.
A majority of the members from each state shall constitute a quorum for the transaction
of business, the exercise of any of its powers or the performance of any of its duties,
but no action of the commission shall be binding unless at least two of the members
from each state shall vote in favor thereof.
The compensation of members of the commission shall be fixed, determined, and
paid by the state which they respectively represent. All necessary expenses incurred in
the performance of their duties shall be paid from the funds of the commission.
The commission shall elect from its members a chairman, vice-chairman, and a clerk-treasurer. Such clerk-treasurer shall furnish to the commission, at its expense, a bond
with corporate surety, to be approved by the commission, in such amount as the commission may determine, conditioned for the faithful performance of his duties.
The commission shall adopt suitable bylaws and shall make such rules and regulations
as it may deem advisable not inconsistent with laws of the United States, of the signatory
states or with any rules or regulations lawfully promulgated thereunder.
The commission shall make an annual report to the governor and legislature of each
of the signatory states, setting forth in detail the operations and the transactions conducted by it pursuant to this compact.
The commission shall keep a record of all its meetings and proceedings, contracts
and accounts, and shall maintain a suitable office, where its maps, plans, documents,
records and accounts shall be kept, subject to public inspection at such times and under
such regulations as the commission shall determine.
ARTICLE III
The commission shall constitute a body, both corporate and politic, with full power
and authority:
(1) To sue and be sued;
(2) To have a seal and alter the same at pleasure;
(3) To appoint and employ such agents and employees as may be required in the
proper performance of the duties hereby committed to it and to fix and determine their
qualifications, duties and compensation;
(4) To enter into such contracts and agreements and to do and perform any and all
other acts, matters and things as may be necessary and essential to the full and complete
performance of the powers and duties hereby committed to and imposed upon it and as
may be incidental thereto;
(5) To have such additional powers and duties as may hereafter be delegated to or
imposed upon it from time to time by the action of the legislature of either of said states,
concurred in by the legislature of the other state and by the Congress of the United
States.
The commission shall make, or cause to be made, such studies as it may deem necessary, in cooperation with the Corps of Engineers, United States Army, and other federal
agencies, for the development of a comprehensive plan for flood control and for utilization of the water resources of the Thames River Valley.
The commission shall not pledge the credit of the signatory states or either of them.
ARTICLE IV
The Commonwealth of Massachusetts wherein is located the site of each of the following dams and reservoirs agrees to the construction by the United States of each such
dam and reservoir in accordance with authorization by the Congress:
(1) At East Brimfield on the Quinebaug River controlling a drainage area of approximately sixty-seven (67) square miles and providing flood storage of approximately eight
(8) inches of runoff from said drainage area.
(2) At Buffumville on the Little River controlling a net drainage area of approximately twenty-six (26) square miles and providing flood control storage of approximately eight (8) inches of runoff from said drainage area.
(3) At Hodges Village on the French River controlling a drainage area of approximately thirty (30) square miles and providing flood control storage for approximately
eight (8) inches of runoff from said drainage area.
(4) At Westville on the Quinebaug River controlling a drainage area of approximately ninety (90) square miles and providing flood control storage for approximately
two and five tenths (2.5) inches of runoff from said drainage area.
ARTICLE V
The State of Connecticut agrees to reimburse the Commonwealth of Massachusetts
forty (40) per cent of the amount of taxes lost to their political subdivisions by reason
of acquisition and ownership by the United States of lands, rights or other property
therein for construction in the future of any flood control dam and reservoir specified
in Article IV and also for any other flood control dam and reservoir hereafter constructed
by the United States in the Thames River Valley in Massachusetts.
Annually, not later than November first of each year, the commission shall determine
the loss of taxes resulting to political subdivisions of the Commonwealth of Massachusetts by reason of acquisition and ownership therein by the United States of lands, rights
or other property in connection with each flood control dam and reservoir for which
provision for tax reimbursement has been made in the paragraph next above. Such losses
of taxes as determined by the commission shall be based on the tax rate then current in
each such political subdivision and on the average assessed valuation for a period of
five years prior to the acquisition by the United States of the site of the dam for such
reservoir, provided that whenever a political subdivision wherein a flood control dam
and reservoir or portion thereof is located shall have made a general revaluation of
property subject to the annual municipal taxes of such subdivisions, the commission
may use such revaluation for the purpose of determining the amount of taxes for which
reimbursement shall be made. Using the percentage of payment agreed to in this Article,
the commission shall then compute the sum, if any, due from the State of Connecticut
to the Commonwealth of Massachusetts and shall send a notice to the treasurer of each
signatory state setting forth in detail the sum, if any, Connecticut is to pay and Massachusetts is to receive in reimbursement of tax losses.
The State of Connecticut on receipt of formal notification from the commission of
the sum which it is to pay in reimbursement for tax losses shall, not later than July first
of the following year, make its payment for such tax losses to the Commonwealth of
Massachusetts wherein such loss or losses occur, except that in case of the first annual
payment for tax losses at any dam or reservoir such payment shall be made by the State
of Connecticut not later than July first of the year in which the next regular session of
its legislature is held.
Payment by the State of Connecticut of its share of reimbursement for taxes in accordance with formal notification received from the commission shall be a complete and
final discharge of all liability by the state to the Commonwealth of Massachusetts for
each flood control dam and reservoir within that state for the time specified in such
formal notification. The Commonwealth of Massachusetts shall have full responsibility
for distributing or expending all such sums received, and no agency or political subdivision of the Commonwealth shall have any claim against the State of Connecticut or
against the commission relative to tax losses covered by such payments.
The two states may agree, through the commission, on a lump sum payment in lieu
of annual payments and when such lump sum payment has been made and received,
the requirement that the commission annually shall determine the tax losses, compute
sums due and send notice thereof to the treasurer of each state shall no longer apply
with respect to any flood control dam and reservoir for which lump sum payment has
been made and received.
On receipt of information from the Chief of Engineers, United States Army, that
request is to be made for funds for the purpose of preparing detailed plans and specifications for any flood control dam and reservoir proposed to be constructed in the Thames
River Valley in Massachusetts, including those specified in Article IV, the commission
shall make an estimate of the amount of taxes which would be lost to the political
subdivisions of that state by reason of acquisition and ownership by the United States
of lands, rights or other property for the construction and operation of such flood control
dam and reservoir and shall decide whether the flood control benefits to be derived from
such flood control dam and reservoir, both by itself and as a unit of a comprehensive
flood control plan, justifies, in the opinion of the commission, the assumption by Connecticut of the obligation to make reimbursement for loss of taxes. Such estimate and
decision shall thereafter be reviewed by the commission at five-year intervals until such
time as the United States shall have acquired title to the site of such flood control dam
or plans for its construction are abandoned. The commission shall notify the governor,
the members of the United States Senate and the members of the United States House
of Representatives from each signatory state and the chief of engineers as to the commission's decision and as to any change in such decision.
On receipt of information from the Chief of Engineers that any flood control dam and
reservoir is to be constructed, reconstructed, altered, or used for any purpose in addition
to flood control, including those flood control dams and reservoirs heretofore constructed and those specified in Article IV, the commission shall make a separate estimate
of the amount of taxes which would be lost to the political subdivisions of the Commonwealth of Massachusetts by reason of acquisition and ownership by the United States
of lands, rights or other property for construction and operation of such dam and reservoir
in excess of the estimated amount of taxes which would be lost if the dam were constructed and operated for flood control only and the commission shall decide the extent
to which, in its opinion, the State of Connecticut would be justified in making reimbursement for loss of taxes in addition to reimbursement for such dam and reservoir if constructed and used for flood control only. Such estimate and decision shall thereafter be
reviewed by the commission at five-year intervals until such time as such dam and
reservoir shall be so constructed, reconstructed, altered or used or plans for such construction, reconstruction, alteration or use are abandoned. The commission shall notify
the governor, the members of the United States Senate and the members of the United
States House of Representatives from each signatory state as to the commission's decision and as to any change in such decision.
A signatory state may, in agreement with the commission and the Chief of Engineers,
acquire title or option to acquire title to any or all lands, rights or other property required
for any flood control dam and reservoir within its boundaries and transfer such titles or
options to the United States. Whenever the fair cost to said signatory state for such titles
or options, as determined by the commission, is greater than the amount received therefor
from the United States, the State of Connecticut shall pay its share of such excess cost
to said signatory state, such share to be determined by the commission.
Whenever the commission shall not agree, within a reasonable time or within sixty
days after a formal request from the governor of any signatory state, concerning reimbursement for loss of taxes at any flood control dam and reservoir heretofore or hereafter
constructed by the United States in the Thames River Valley in Massachusetts, or concerning the extent, if any, to which reimbursement shall be made for additional loss of
taxes caused by construction, reconstruction, alteration or use of any such dam for purposes other than flood control, the governor of each signatory state shall designate a
person from his state as a member of a board of arbitration, hereinafter called the board,
and the members so designated shall choose one additional member who shall be chairman of such board. Whenever the members appointed by the governors to such board
shall not agree within sixty days on such additional member of the board, the governors
of such signatory states shall jointly designate the additional member. The board shall
by majority vote decide the question referred to it and shall do so in accordance with
the provisions of this compact concerning such reimbursement. The decision of the
board on each question referred to it concerning reimbursement for loss of taxes shall
be binding on the commission and on each signatory state, notwithstanding any other
provision of this compact.
ARTICLE VI
Nothing contained in this compact shall be construed as a limitation upon the authority
of the United States.
ARTICLE VII
The signatory states agree to appropriate for compensation of agents and employees
of the commission and for office, administration, travel and other expenses on recommendation of the commission subject to limitations as follows: The Commonwealth of
Massachusetts obligates itself to not more than seven thousand ($7,000) dollars in any
one year and the State of Connecticut obligates itself to not more than five thousand
($5,000) dollars in any one year.
ARTICLE VIII
Should any part of this compact be held to be contrary to the constitution of any
signatory state or of the United States, all other parts thereof shall continue to be in full
force and effect.
ARTICLE IX
This compact shall become operative and effective when ratified by the Commonwealth of Massachusetts and the State of Connecticut and approved by the Congress of
the United States. Notice of ratification shall be given by the governor of each state to
the governor of the other state and to the President of the United States, and the President
of the United States is requested to give notice to the governors of each of the signatory
states of approval by the Congress of the United States.
(1957, P.A. 559, S. 1.)