By TIM FAULKNER/ecoRI News staff
Since the 1920's the Scituate Reservoir has provided clean water to more than half of RI's population. |
The April 23 decision means
Johnston can keep its contract to resell water it buys from a public supply to
Invenergy Thermal Development LLC, the Chicago-based developer that has
struggled to find cooling water for its energy project.
The Conservation Law Foundation
(CLF) filed the lawsuit, along with the
town of Burrillville in 2017, as part of its effort to halt the nearly
1,000-megawatt, fossil-fuel power plant being considered for forestland in the
rural community.
CLF was optimistic about the
prospects of its lawsuit after Silverstein turned down an appeal by
Invenergy in 2017 to dismiss the case.
Back then, Silverstein agreed with
CLF’s assertion that the lawsuit needed to answer “a question of substantial
public interest that cries out for a declaratory judgment.”
At the Aug. 20, 2018 court hearing,
CLF argued that the phrase “other ordinary municipal water supply purposes”
found in state law passed in 1915 precludes Johnston from reselling water to a
third party.
The lawsuit already received a boost
in January 2018 when then-Attorney General Peter Kilmartin offered his support
by fling an amicus brief in the case.
Kilmartin argued that the water agreement allows other wholesalers of public water to resell it to entities within or outside the state, thus straining the public water supply, especially during water restrictions that may be imposed during droughts.
Kilmartin argued that the water agreement allows other wholesalers of public water to resell it to entities within or outside the state, thus straining the public water supply, especially during water restrictions that may be imposed during droughts.