Earlier this year, State Representative William Straus promised to take Rochester Board of Selectmen’s assertion that New Bedford is unfairly profiting from the Assawompset/Quittacas Pond Complex – which in part encompasses Rochester – to the state House of Representatives.
Now a bill (HR-3672) is progressing through the House that will alter a century-old agreement to require New Bedford to pay ten cents for every 1,000 gallons it sells to neighboring towns, namely Dartmouth, Acushnet and Fairhaven. Under the old agreement, New Bedford, Fall River and Taunton are entitled to water from the pond complex – but the city’s practice of selling water to other towns, namely Dartmouth and Acushnet, is prompting Rochester officials to pursue legislation to ensure some of that money comes back to the town.
“I’ve been working with the [House Steering, Policy and Scheduling] committee chairman and the house counsel’s office on the details of the bill. The reality of the bill is that it would change what has been the law for about 100 years in terms of New Bedford water withdrawals… There are some complex legal issues about water rights and property law that we are working on,” explained Rep. Straus.
The fact that New Bedford’s $28 million water treatment plant is located in Rochester further upsets town officials, who don’t feel they are getting the fair end of the bargain.
According to Rep. Straus, the city of New Bedford sells about 40 percent of the water it receives to other towns. At an October Selectmen meeting, Rochester resident Fred Underhill said that the town is losing out on approximately $350,000 annually in lost tax revenue.
Rep. Straus said the bill is important also because it could set a precedent with other communities that draw water. “Because of that, it is complicated,” he said.
Once reviewed by the House’s legal counsel, it will move forward for a full House vote. If approved, it will move to the Senate, where co-sponsor Sen. Michael Rodrigues will advocate on its behalf.
As with all legislation, the pace of the bill moving through the political system remains unknown at this point.
“I wish there was a single rule of thumb. It could take one week, or it could take many, many weeks,” Rep. Straus said. The particularly complex “moving parts of the proposal” due to the age of the agreement will slow things down, he added.
So far, Rep. Straus said New Bedford officials have not officially contested the bill or spoken out against it.
The following is the latest text of House Bill 3670:
To require the City of New Bedford to remit payment of the Town of Rochester in the amount of ten cents ($0.10) for each one thousand (1,000) gallons of water it sells, or provide by agreement including any compensation, to other communities; and to take all actions necessary for adoption of such Special Act and for implementation of any Special Act adopted in connection therewith, or take any action relative thereto.
By Laura Fedak Pedulli