The following is extracted from the Rhode Island Rivers Council - Application for Designation of Local Watershed Councils

III. WATERSHED COUNCILS:

A. Organization

Watershed councils (also called local watershed associations) are the organizations that, once recognized by the Rhode Island Rivers Council, are responsible for advancing the purposes of Chapter 46-28 of the RI General Laws and implementing the Rivers Policy and Classification Plan, adopted as RI State Guide Plan Element 162. The Rivers Council will recognize one local watershed council for each of the 18 Rhode Island watersheds described in the Rivers Policy and Classification Plan. To be eligible for recognition, a watershed council must take responsibility for and represent the entire watershed area. The watershed council must also include in its membership at least one representative from each municipality within the watershed area (as defined by the Rhode Island DEM and described in Appendix B).

Watershed councils can take on many forms. They may be existing organizations, organizations formed as subordinates of existing organizations or new organizations formed specifically for River Council recognition. In all cases, watershed councils must be tax exempt. They can have 501 (c) (3) or (4) status under the Internal Revenue Service Code, be a subordinate of a 501 (c) (3) or (4) organization, or be tax exempt because they are part of a municipal government.

Watershed councils can create their own management structure. The Rivers Council will be looking for groups that can demonstrate that their decision making process is inclusive, transparent, effective and broadly representative of the watershed community. It is important that watershed councils represent a wide range of interests within the watershed and be dedicated to the policies of the Rivers Council:

(1) Preserve open space, natural resources and features, and scenic landscapes;
(2) Preserve cultural and historic landscapes and features;
(3) Preserve opportunities for recreational uses of rivers;
(4) Encourage the establishment of greenways, which link open spaces together;
(5) Continue the regional and comprehensive planning activities for rivers, water quality, and land use conducted by the Rhode Island Department of Environmental Management and the Rhode Island Department of Administration.

Applicants should have concrete demonstrations of participation and support from grassroots, business, and governmental interests in the watershed. This participation can be reflected by a range of actions - from advisory boards with broad based membership to letters of endorsement from key organizations. In watersheds where there are several active grassroots river organizations, it is essential that the watershed council engage the participation of these existing organizations.

 

B. Responsibilities

The Rivers Council will rely on watershed councils to be proactive in advocating for their watershed. They need to stay abreast of state and local proceedings that impact on their river and its water quality. Therefore, designated groups will need to demonstrate in their action plan and through a description of their past activities that they have the capacity to monitor activities occurring in the watershed and can effectively advise and participate in municipal actions such as zoning decisions, comprehensive plan reviews and state permit reviews.

Public education is an important part of the mission of all watershed councils. Applicants should demonstrate how they will carry out their public education responsibilities. Examples of successful outreach campaigns and informational materials can be included with the application. Newly formed groups should discuss how they plan to bring information to the public.

Watershed councils will be designated for a 5 year term. During this time, they must submit to the RI Rivers Council an annual report that will be due at the end of each calendar year (January 31). The report will summarize their activities as a watershed council for the year including information on:

1) Organizational status including membership and financial status. Each report will include a list of members demonstrating that the organization has maintained representation from each municipality within the watershed area;

2) Summary of organization's activities for the year;

3) Organization's action plan for the watershed for the upcoming year;

4 Overview of the status of the watershed, including a review of the river's(s') classifications and the application of river policies to the watershed.

The annual report submitted at the end of the watershed council's fifth year may include its request for renewed designation. Designation renewals will be processed according to the procedures outlined in the Rivers Policy and Classification Plan.

The Rivers Council will revoke designation only under extreme circumstances, including:
· failure to undertake responsibilities as enumerated in this section;
· illegal activities.

C. Powers

Once designated, watershed councils become "bodies corporate and politic, having distinct legal existence from the state and any municipality within the watershed area in which the watershed is located" (Section 46-28 of the R.I.G.L.). They will have legal standing to present testimony in all state and local administrative proceedings which impact on rivers and water quality.

Watershed councils recognized by the Rivers Council have the following power (Chapter 46-28-8, R.I.G.L.):

1. To advise and make recommendations for the watershed in the municipality or municipalities where such watershed is located for the preparation or revision of the comprehensive land use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act with regard to achieving and maintaining classifications assigned by the Rivers Council;
2. To advise municipalities with regard to public access to rivers for the preparation or revision by the municipality of a comprehensive land use plan pursuant to the Rhode Island Comprehensive Planning and Land Use Regulation Act;
3. To establish and support river watch programs for the protection of the watershed in which it is located;
4. To negotiate payments between two or more of the municipalities within the watershed for the conduct of services or the erection of projects necessary for the purpose of the local watershed council, subject to a majority vote of each of the city and town councils participating in each program or project;
5. To acquire, hold, use, lease, sell, transfer, and dispose of any property, real, personal or mixed, or interest or interests thereon;
6. To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the provisions of this chapter, any property acquired hereunder, all of which, together with the acquisition of such property, are hereby declared to be public purposes;
7. To sell, lease, convey, or otherwise dispose of to any of the municipalities within the watershed any property or improvements thereto, which the local watershed council may hereafter acquire or construct; provided, however, that any sale, lease, conveyance, or other disposition of the property shall not prejudice or adversely affect any service which the local watershed council is providing to any other participating city or town;
8. To sue and be sued in connection with any contracts made by real estate or personal property owned by or leases or conveyances made by the local watershed council;
9. To adopt and order a corporate seal;
10. To make by-laws for the management and regulation of its affairs;
11. To borrow money for any of the corporate purposes including the creation and maintenance of working capital;
12. To fix rates and collect charges for the use of the facilities of, or services rendered by, or any commodities furnished by the local watershed council; an to pay as the same shall become due the expenses of operating and maintaining the properties of the river watershed council.
13. To contract in its own name for any lawful purpose which will effectuate the purposes of The Rhode Island Rivers Council law; to execute all the instruments necessary carry out the purposes of this law; to do all things necessary or convenient to carry out the powers expressly granted by the law (Chapter 46-28, R.I.G.L.).
14. To enter into cooperative agreements with other cities and towns, for any lawful corporate purposes necessary and desirable to effect the purposes of this chapter;
15. To recommend to municipalities land and water conservation programs consistent with the state rivers policy;
16. To apply for, contract for, and expend any federal or state advances or grants or assistance which may be made available for the purposes of this chapter.