Q May town sell water to other states?

A No, section 21-27-23(a) provides generally that municipalities may supply utility consumers within five (5) miles of the corporate limits. Prior opinions to Mallette (May 1, 2012) and Rutledge (August 6, 1999) indicate that a municipality may not engage in a profit-making venture. Further, Section 51-3-1 declares all water occurring on the surface or underground belongs to the State rather than the municipality. Under Sections 51-3-1 et. Seq., the Commission on Environmental Quality and the Permit Board are given authority over the use and permitting of water resources. Water resources of the State must generally be used for a beneficial purpose as defined by the Commission on Environmental Quality. (Attorney General’s Opinion to Hunt, June 26, 2015)