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New Law Will Protect Public's Access to Water

Posted on: Wednesday, 20 July 2005, 12:01 CDT

Jul. 20--BRISTOL -- A new state law could restrict Bristol Marine's proposal to add 120 slips to its private marina in the harbor by protecting public water access rights in the area.

The law, drawn up by Rep. Raymond E. Gallison Jr., prohibits any state agency from relinquishing water access or riparian rights off Colt State Park or Poppasquash Road to any entity for private use.

Gallison said that by itself, the new law would not block Bristol Marine's controversial plan to expand north from its location at 99 Poppasquash Rd. into waters to which the state claims riparian rights.

It will, however, force the company to work out an agreement with the state to maintain public access to the waters in the harbor where it intends to expand, he said.

"What this will do is protect the public's access to the water," said Gallison, D-Bristol, Portsmouth, who has criticized the plan in the past. "It will ensure that people who use Poppasquash Road will still have access to the harbor. And it clarifies who has jurisdiction there: the people."

Bristol Marine president Andrew Tyska said his company has maintained all along that it would allow public access to the water as part of its plan, which has been in the works for three and a half years.

He called the bill "very narrow" and said it sets a bad precedent for waterfront projects in other parts of the state.

"I don't know what the direct effects are," Tyska said. "But I am confident that our plan will be heard on its merits and will provide access to the water for our users and other Rhode Island families. We want to maintain public access regardless of any legislation."

Gallison proposed much broader legislation in February that would have prevented state agencies from giving up riparian rights for private use in any part of Rhode Island.

He amended the bill last month after the state Economic Development Corporation and the state Department of Transportation objected on grounds that it could unintentionally impede the relocation of Route 195 in Providence and the development of port projects at Quonset Point in North Kingstown.

The House and Senate approved the revised bill July 1 that applies only to Colt State Park and Poppasquash Road.

The bill was sent to Governor Carcieri's office July 11. It was enacted without Carcieri's signature yesterday, according to his spokesman, Jeff Neal.

The new law is only the latest setback for Bristol Marine in its quest to expand its 21-slip marina.

Last January, less than a week after the company submitted an application to the Coastal Resources Management Council, the agency's director sent it back with a letter saying it was incomplete. Among a list of seven items said to be missing from the application was an agreement to expand into waters covered by the state's riparian rights.

The issue was first raised at least three years ago and centers on Bristol Marine's intention to expand into a section of the harbor that runs parallel to Poppasquash Road.

The road is owned by the state DOT. Colt State Park, which is owned by the state Department of Environmental Management, extends east to the road. DEM officials contend that because the state owns the road and the section of coastal land abutting it, it also owns the riparian rights where Bristol Marine wants to expand.

They have raised objections to Bristol Marine's proposal on those grounds, most recently when the company applied for a water quality certification from the DEM last November. That application is still pending.

Tyska said yesterday that the question of riparian rights must still be addressed, but he said his company has not sat down with the state to try and work out a deal. Tyska could not say when Bristol Marine would resubmit its application to the Coastal Resources Management Council.

"We're trying to communicate with the state that we can provide public access through our facility," he said. "We want to clear that up."

He still stands by the expansion plan, saying it would reduce "mooring sprawl" by making more efficient use of limited space in the harbor. The expanded marina would cover 6 acres.

He also said it's one of the few areas in the state suitable for a marina. The expansion is necessary to meet the growing demand for slips in the harbor, he said.

"I think our plan is a good one," Tyska said. "I've got time and I still want to pursue it."

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Source: Providence Journal

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