Mass. Gen. Laws » Part I Title VII Chapter 40
Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 39E (2026)

Management of water system

✓ current as of July 2026
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Section 39E. The land, water rights and other property taken or acquired under section thirty-nine B, and all works, buildings and other structures erected or constructed under sections thirty-nine C and thirty-nine D, shall be managed, improved and controlled by a board of water commissioners to be elected as provided by section sixty-nine A of chapter forty-one, or by its selectmen authorized to act as such, in such manner as they shall deem for the best interests of the town.

Notes of Decisions
Cited in 2 cases, 1998–2012 · leading case: Blackstone Smithfield Corp. v. Town of Blackstone, 30 Mass. L. Rptr. 573 (Mass. Super. Ct. 2012).
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Blackstone Smithfield Corp. v. Town of Blackstone, 30 Mass. L. Rptr. 573 (Mass. Super. Ct. 2012). “” G.L.c. 40, §39E. They have authority to “regulate the use of the water and fix and collect just and equitable prices and rates for the use thereof.”
Bayview Improvement Corp. v. Vincent, 9 Mass. L. Rptr. 91 (Mass. Super. Ct. 1998). “G.L.c. 40, §39E. Section 39C of Chapter 40 expressly permits, but does not require, a town to place water works under private ways.”
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