Section 17. During a state of water emergency declared under section fifteen, the department, to the extent not in conflict with applicable federal law or regulation but notwithstanding any general or special law, local law or contractual agreement to the contrary, shall be empowered to issue orders, applicable within or outside the area in which a water emergency exists to:—
(1) Establish priorities for the distribution of any water or quantity of water use;
(2) Permit any person engaged in the operation of a water supply system to reduce or increase by a specified amount or to cease the distribution of that water; to distribute a specified amount of water to certain users as specified by the department; or to share any water with other water supply systems;
(3) Direct any person to reduce, by a specified volume, the withdrawal or use of any water; or to cease the withdrawal or use of any water;
(4) Require the implementation of specific water conservation measures; and
(5) Mandate the denial, for the duration of the state of water emergency, of all applications for withdrawal permits within the areas of the commonwealth to which the state of water emergency applies.
The commission shall adopt guidelines for use by the department in issuing orders under this section.
The department shall consult with the appropriate executive agency overseeing the activities of any person affected by this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 21g - Massachusetts Water Management Act
Section 3 - Planning and Management of Water Use and Conservation; Advisory Committee; Regulations
Section 4 - Withdrawal Volume Threshold
Section 5 - Registration Statements; Filing
Section 6 - Contents of Registration Statements
Section 7 - Issuance of Permits; Criteria and Standards
Section 8 - Permit Applications; Contents
Section 9 - Processing Permit Applications; Notice of Proposed Withdrawal
Section 11 - Issuance of Permits; Conditions; Findings
Section 12 - Adjudicatory Hearing; Judicial Review
Section 13 - Examination of Activities Involving Water Withdrawal
Section 15 - Water Emergency Declaration
Section 16 - State of Water Emergency; Eminent Domain; Authorization; Notice
Section 17 - State of Water Emergency; Orders
Section 18 - Registration and Permit Application Fee Schedules
Section 19 - Public Water System Rates; Propriety
Section 20 - Persons Engaged in Business of Digging or Drilling Wells; Certification; Reports