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 commonwealth, by and through the division of fisheries
and wildlife, within the
department of
fisheries, wildlife and environmental law enforcement, may
take,
under chapter 79 of the General Laws, or otherwise
acquire, and the board of commissioners of the Dalton Fire District may
convey, easements or lesser interests through conservation
restrictions under sections 31,
32, and
33 of chapter 184 of the General
Laws, for
the preservation and protection of wildlife and habitat and passive
recreation and consistent purposes, in all or portions of certain
parcels
of land of said fire district identified in section 2. The parcels
were acquired by said fire district for
water supply purposes and for extinguishing fires, and other purposes under
chapter 137 of the acts of 1884. The
conservation restrictions authorized by this act shall allow for the
continuation
of water supply purposes on all or portions of the parcels. Said
conservation restrictions may restrict or regulate, but not unreasonably limit,
the acts or uses associated with water supply purposes. Said
conservation restrictions, if taken and not otherwise acquired, shall be
subject
to any easement or lesser interest in land held by any person or governmental
agency, except for said fire district, that lawfully exists and is
recorded in the appropriate registry of deeds, unless the division of fisheries
and wildlife expressly takes the easement or lesser interest through eminent
domain under said chapter 79.
SECTION 2.
The parcels are identified as follows:
(a) all of the lands, including lands under water, in the town of Windsor as
described in certain deeds recorded in the Berkshire Northern district registry
of deeds in book 342, page 234; book 484, page 65; book 326, page 458; book
441,
page 138; book 427, page 60; book 442, page 284; book 712, page 313; book 320,
page 548; book 320, page 549; book 320, page 550; book 320, page 551; book
320,
page 552; book 397, page 353; book 397, page 355; book 319, page 226; book 437,
page 473; book 339, page 388; book 441, page 45; and book 362, page 143.
(b) all of the lands, including lands under water, in the town of Hinsdale
as
described in certain deeds recorded in the Berkshire middle district registry
of
deeds in book 442, page 252; book 443, page 270; book 443, page 269; book 442,
page 251; book 443, page 271; book 443, page 268; book 442, page 250; book
476,
page 380; book 476, page 386; book 492, page 146; book 598, page 69; book 362,
page 143, being the same deed described in subparagraph (a) of this section;
and
book 496, page 293.
(c) all of the lands, including lands under water, in the town of Peru as
described in certain deeds recorded in the Berkshire middle district registry
of
deeds in book 302, page 611, being the same deed described in subparagraph (b)
of
this section as recorded in the Berkshire northern district registry of deeds
in
book 362, page 143; and book 434, page 56.
SECTION 3.
This act shall take effect upon its passage.
Approved July 19, 2001.