HOUSE No. 204

Bill accompanying the recommendations of the Commission on Waterways and Public Lands (House, No. 198). Harbors and Public Lands. January 8.

Cbc Commontoealtl) of a^assadbuscttsh

In the Year One Thousand Nine Hundred and Seventeen.

AN ACT

To provide for the Care and Supervision of Westfield River, Chicopee River, Deerfield River and Millers River. Be it enacted by the Senate and House of Representatives in General Court assembled. and by the authority of the same, as follows

1 Section 1. The commi ision on waterways and public 2 lands shall have the general care and supervision of the 3 following rivers, tributaries of the Connecticut river 4 namely: Westfield river, Chicopee river, Deerfield river 5 and Millers river, within the confines of this common- -6 wealth, and of the banks thereof and of all structures 7 therein, in order to prevent and remove unauthorized en- -8 croachments and causes of every kind which may in any 9 way injure said rivers and to protect and develop the 10 rights and property of the public therein. For the 11 purpose of ascertaining and promoting the best methods 9 WESTFIELD RIVER, ETC. [Jan.

12 for the preservation and improvement of said rivers, and 13 for the promotion of all interests connected therewith, as 14 the public good may require, the commission may from 15 time to time make such surveys, examinations and ob- -16 servations as it may deem necessary.

1 Section 2. Except as authorized by the general court 2 and as hereinafter provided, no structure shall be built or 3 extended, nor piles driven or land filled, nor other ob- -4 struction or encroachment made, in, over, or upon the 5 waters of said rivers.

1 Section 3. All persons now or hereafter authorized 2 by the general court to build any structures in said 3 rivers shall proceed in the manner provided in section 4 sixteen of chapter ninety-six of the Revised Laws, and 5 shall be subject to the provisions of said chapter.

1 Section 4. The said commission may license and pre- -2 scribe the terms for the construction or extension of a 3 wharf, pier, shore wall, dam, road, bridge, or other 4 structure, or for the filling of land or the driving of 5 piles in, over, or upon said rivers below high water mark, 6 and for excavating in said rivers; and to every proceed- -7 ing for a license under this act the provisions of sections 8 nineteen, twenty and twenty-one of chapter ninety-six of 9 the Revised Laws shall apply.

1 Section 5. Every erection made and all work done 2 on or within the banks of said rivers below high water 3 mark, which is not authorized by the general court or by 4 said commission, or is made or done in a manner not 5 sanctioned by said commission, if a license is required as 6 hereinbefore provided, shall be considered a public 1917.] HOUSE — No. 204. 3

7 nuisance. The attorney-general and the district attorneys 8 within their respective districts shall, at the request of 9 said commission, institute proceedings to enjoin or abate 10 such nuisance.

1 Section 6. Nothing in any license granted as afore- -2 said shall be so construed as to impair the legal rights of 3 any person.

1 Section 7. This act shall take effect upon its passage.