Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The commissioner of capital planning and operations, in consultation with the commissioner of the department of environmental management, is hereby authorized, subject to the provisions of sections forty E to forty J, inclusive, of chapter seven of the General Laws, to convey by instrument approved as to form by the attorney general, fee simple or a lease for a term of fifty years, with an option for an additional term of twenty-five years, the property described below, subject to the requirements of sections two to six, inclusive, and to such other terms and conditions as the commissioner may prescribe in consultation with the commissioner of the department of environmental management, said parcel is shown on a "Plan of Land in Nantucket, Mass.", scale 1" = 200': dated Sept., 1991 and/or any revisions thereof; drawn by Hart, Blackwell & Associates, Nantucket, Mass. to be recorded.

SECTION 2. No instrument purporting to convey or lease on behalf of the commonwealth the property described in section one shall be valid unless the instrument provides that said property shall be used solely for the purpose of laying, installing, maintaining, repairing and operating a public water supply and water supply distribution system and that should the property, or any interest therein conveyed cease to be used for a public water supply system all right, title and interest shall forthwith revert to the commonwealth.

SECTION 3. If the aforementioned purpose as described in section one is not begun within five years from the effective date of this act, or ceases at any time thereafter, all easements and interests shall revert to the commonwealth under such terms and conditions as the commissioner of capital planning and operations, in consultation with the commissioner of environmental management may prescribe.

SECTION 4. The recipient of said property shall assume the costs of any appraisals, surveys, and other expenses as deemed necessary by the commissioner of capital planning and operations. The recipient shall additionally comply with the provisions of the law regarding environmental protection, shall adopt and implement a water conservation plan approved by the Massachusetts water resources commission and shall provide to the department of environmental management operating plans sufficient to demonstrate that there will be no significant adverse environmental impacts as a result of the proposed withdrawal, specifically on the natural functioning or on the normal level of any stream, aquifer, pond, lake or woodland and the effect on fish or other aquatic wildlife or their habitats.

SECTION 5. Consideration of the interests herein authorized shall be the fair market value as established by an independent appraisal and deposited in the Conservation Trust, established by section one of chapter one hundred and thirty-two A of the General Laws, to be used for the purpose of public recreation and development within the island of Nantucket, including, but not limited to, the acquisition, improvement and construction of public access facilities, active and passive public recreational uses and programs and for forestry management programs within the island of Nantucket, together with associated costs. The recipient shall in addition provide, within Nantucket State Forest, at least one fire hydrant for fire suppression purposes and shall provide the necessary pipe and hook-up equipment to provide management and recreational facilities within Nantucket State Forest with potable water free of cost.