reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:4 - Investigation of High and Low Levels.

482:4 Investigation of High and Low Levels. –
The department is authorized to make such investigations as, in its opinion, the public good requires with respect to high or low water levels in the inland public waters of the state and the rights, instrumentalities and practices which affect or control such levels with a view to the exercise of such control, in a manner consistent with public and private rights and interests, as will best promote the public health and safety and the enjoyment and value of such public waters. When the department may deem expedient, it may ascertain the extent to which owners and managers of dams take into consideration variations of runoff and plan for and anticipate emergencies. Owners of dams, at the reasonable request of the department shall make available to the department such records of water levels and flow of inland public waters as are made and kept by such owners to assist the department in knowing the remaining storage capacity of reservoirs, whether created by dams or otherwise, and to gauge the flow of streams. From time to time, the department may call to conference owners of dams for the purpose of obtaining cooperation in the regulation of stream flow to minimize damage to public and private property at times of high water. Whenever in the opinion of the department an emergency exists or is threatened whereby the public health or safety may be jeopardized by the release or withholding of stored waters, it shall direct such action by the owner or manager of a dam with respect to the release or withholding of water as it may deem necessary in the public interest.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:5 - Non-permitted Existing Dams.

482:5 Non-permitted Existing Dams. –
Upon written notice from the department, the owner of a non-permitted existing dam shall submit an application for a permit for said dam to the department along with a fee based on the classification of the dam under RSA 482:9. The application shall provide such information as the department may require to determine whether or not the dam is a menace to the public safety. Following a review of the permit application, the department may issue a permit to the owner with necessary conditions for the repair or reconstruction of the dam which the department deems necessary for the public safety. Such repair work shall be undertaken within a time period fixed by the department.
Source.
1989, 339:1. 1996, 228:106. 2006, 306:3. 2007, 329:2, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:6 - Existing Dams on Great Ponds.

482:6 Existing Dams on Great Ponds. –
Upon written notice from the department, the owner of a non-permitted dam on the outlet of a great pond shall comply with the provisions of RSA 482:5. The department, after 30 days' notice to abutters, to the governing body of the municipality in which the dam is situated, to the fish and game department, and to the department of safety, shall hold a public hearing, notice of which shall be published 7 days before the hearing in one newspaper of general circulation throughout the state. If, as a result of said hearing and further investigation, the department shall be of the opinion that management and control of the outlet of the great pond would be of benefit to the public, it may order the management of said outlet under whatever conditions it finds necessary to protect the public rights and safety; provided, however, the owner shall be fully compensated for any loss sustained by action of the department with respect to a dam which was previously registered or legalized.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:7 - New Dams on Great Ponds.

482:7 New Dams on Great Ponds. –
No dam shall be constructed on the outlet of a great pond after September 3, 1977, without specific authorization from the legislature and without a permit to construct a dam from the department according to such terms and conditions as it deems necessary for the public safety.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:8 - Orders and Permits Recorded.

482:8 Orders and Permits Recorded. –
Permitting of a dam pursuant to RSA 482:5 or the granting of a permit for a dam pursuant to RSA 482:7 by the department does not relieve the owner from meeting the requirements of public safety or other provisions of law nor does it convey a property right or authorize any injury to property or invasion of other rights. The department shall record any orders or permits issued under the provisions of this section with the registry of deeds in the county or counties in which the dam and flowage are situated, and no fee shall be charged for such recording.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:8-a - Annual Registration Fee.

482:8-a Annual Registration Fee. –
Annual registration fees for dams shall be payable to the department on January 1 of each calendar year. Yearly dam registration fees shall be based on classification as follows: Low hazard potential = $400; Significant hazard potential = $750; High hazard potential = $1,500. If the hazard classification designated by the Federal Energy Regulatory Commission for a dam differs from the classification designated by the department, the annual dam registration fees shall be based on the classification designated by the Federal Energy Regulatory Commission except that a dam which is classified as a non-menace dam by the department shall be exempt from the annual dam registration fee for as long as the dam is classified by the department as a non-menace dam. Revenues from this annual registration are to be collected by the department and deposited in the dam maintenance fund established in RSA 482:55 to be used for the inspection of dams.
Source.
1989, 408:74. 1990, 3:82. 1991, 287:1. 1996, 228:106, 107. 1997, 122:2. 2006, 306:4. 2007, 329:1. 2008, 272:4. 2009, 31:1, eff. July 14, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:9 - Preliminary Filing of Information.

482:9 Preliminary Filing of Information. –
I. No person shall begin the construction or reconstruction of any dam until:
(a) The person has filed with the department a statement of the height of the proposed dam and the location at which it is to be erected and any other information the department may require.
(b) A permit has been issued by the department.
II. The filing of the statement required by paragraph I or an application required by RSA 482:5 shall be accompanied by a fee for each statement or application filed. The fee shall be deposited in the dam maintenance fund established in RSA 482:55 to be used for the permitting of dams. The fee shall be as follows:
(a) Non-hazard potential dam $2,000
(b) Low hazard potential dam $3,000
(c) Significant hazard potential dam $4,000
(d) High hazard potential dam $4,000
III. After receipt of the statement required under paragraph I of this section if the department shall be of the opinion that the proposed dam, if improperly constructed or reconstructed, would be a menace to the public safety, it shall notify the owner or applicant, and the construction or reconstruction of the dam shall not begin until plans and specifications shall have been filed and a permit for construction issued by the department.
IV. [Repealed.]
V. The department shall not permit the construction or reconstruction of any significant hazard potential or high hazard potential dam unless:
(a) The dam provides a public benefit of water supply, flood control, storage or treatment of industrial, agricultural, commercial, or municipal wastes, hydropower, public recreation, or preservation of historic or cultural resources; or
(b) The reconstruction is ordered by the department to correct a deficiency identified by the department.
Source.
1989, 339:1. 1990, 3:83. 1996, 228:106. 1997, 122:3, 4; 178:1, 2. 2000, 182:2. 2006, 306:5, 6. 2007, 329: 3, 5, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:10 - Supervision.

482:10 Supervision. –
The department may designate some competent inspector to inspect the construction or reconstruction of any dam for which approved plans and specifications and a permit for construction have been required under RSA 482:9 and such inspector shall report to the department any failure to comply with said plans and specifications.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:11 - Orders.

482:11 Orders. –
I. The department may order the owner or contractor, while constructing or reconstructing any such dam, to remedy any defects caused by failure to comply with the requirements of the plans and specifications or to do anything necessary to make said construction comply with said plans and specifications, and on failure to comply with any such order, the department may order all work of construction on such dam to cease and may take any other action authorized by RSA 482:89.
II. The commissioner may issue an order to any person who violates this chapter as specified in RSA 482:89, I, and require such remedial or restorative measures as may be necessary. Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the county in which the subject facility is situated. A recorded order shall run with the land; provided, that an appropriate description of the land involved including the accurate name of the owner thereof is included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.
III. If the department finds that an emergency exists requiring immediate action to protect the public safety, it may issue an order stating that an emergency exists and requiring that such action be taken as necessary to meet the emergency. Any person to whom such an order is directed shall comply immediately, but may appeal to the water council established under RSA 21-O:7.
Source.
1989, 339:1. 1996, 228:106. 2008, 272:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:11-a - Duty of Owner.

482:11-a Duty of Owner. –
The owner of a dam shall maintain and repair the dam so that it shall not become a dam in disrepair. The owner shall develop an emergency action plan for any dam, the failure of which may threaten life or property.
Source.
1997, 178:3, eff. Aug. 16, 1997.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:12 - Inspecting Dams, Repairs, Emergency Action Plans.

482:12 Inspecting Dams, Repairs, Emergency Action Plans. –
I. It shall be the duty of the department from time to time to cause all dams in the state which, by reason of their condition, height or location, may be a menace to the public safety to be inspected by competent engineers. A dam that is classified as a non-menace structure as of February 20, 1981 shall retain such status until the department determines conditions downstream have changed since the dam was classified that warrant reclassification or until such reconstruction of the dam is needed requiring a permit to reconstruct the dam.
II. If the inspection indicates that maintenance or repair are required to comply with RSA 482:11-a or the public safety requires the repair or reconstruction of any dam or the development of an emergency action plan, the department shall order the owner of the dam to undertake the requisite maintenance, repairs, or reconstruction and to develop the emergency action plan within a period to be fixed by the order.
Source.
1989, 339:1. 1996, 228:106. 1997, 178:4. 2008, 272:2, eff. Jan. 1, 2009. 2018, 119:1, eff. July 29, 2018.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:12-a - Emergency Actions.

482:12-a Emergency Actions. –
If during any flood warning issued by the National Weather Service, the condition of any hazardous dam becomes so dangerous to the safety of life or property in the opinion of the department as not to permit sufficient time for issuance of an order in the manner provided by RSA 482:12, the department may immediately take such action as may be essential to provide for emergency protection to such life or property. The owner or owners of such a dam shall be strictly liable for all costs incurred by the state in performing an emergency action under this section. The attorney general may institute an action in superior court for the county in which the dam is located against the owner or owners of the dam for all costs incurred by the state. Costs recovered under this section shall be deposited into the dam maintenance fund established pursuant to RSA 482:55. This section shall not apply to any dams under the jurisdiction of the Federal Energy Regulatory Commission.
Source.
2020, 37:84, eff. July 29, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:12-b - Rights of Entry and Access.

482:12-b Rights of Entry and Access. –
During a flood warning issued by the National Weather Service, the department shall have the right to enter on any property, public or private, for the purpose of investigating the condition, construction, or operation of any hazardous dam or associated equipment, facility, or property to take emergency actions pursuant to RSA 482:12-a.
Source.
2020, 37:84, eff. July 29, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:13 - Public Informational Meeting Required.

482:13 Public Informational Meeting Required. –
I. No owner shall breach any dam, lower any water body for the repair of any dam, or cause any significant lowering of the water level in a pond or lake without first notifying the local governing body in the cities or towns where said dam or water body is located and the department at least 30 days prior to any action specified above. The provisions of this section shall not apply to dams impounding bodies of water less than 10 acres or to the normal scheduled lowering of water levels each fall, the normal lowering of a water body by the exercise of water rights, the lowering of water levels by the department of environmental services to protect instream flows under RSA 483:9-c, or the lowering of water levels in any emergency situation.
II. The dam owner, in cooperation with the local governing body of each of the cities or towns, shall hold a public informational meeting at least 15 days prior to any action under paragraph I. The dam owner shall publish a notice of the public informational meeting in a newspaper of general circulation in the county in which the action shall occur at least 7 days before the time set for said meeting. The public notice and informational meeting required by this section shall be in addition to and not in place of other provisions of law pertaining to dams.
Source.
1989, 339:1. 2010, 128:1, eff. Aug. 8, 2010. 2013, 91:1, eff. Aug. 19, 2013.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:14 - Appeals.

482:14 Appeals. –
All orders issued by the department under the provisions of this subdivision shall be subject to appeal pursuant to RSA 21-O:14 but shall remain in force until modified or set aside on appeal.
Source.
1989, 339:1. 1996, 228:59, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:15 - Repealed by 2008, 272:6, I, eff. Jan. 1, 2009.

482:15 Repealed by 2008, 272:6, I, eff. Jan. 1, 2009. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:16 - Expenses.

482:16 Expenses. –
The expense of examining plans or specifications and of inspecting the construction or reconstruction of a dam as authorized in this subdivision, including the salaries of the regular employees of the department for the time actually devoted to work necessary to such examination or inspection, shall be paid to the department by the owner of the dam in connection with which it is incurred. If any owner shall not promptly pay the expense of such examination or inspection, when requested by the department, it may be collected in an action brought by the attorney general in the name of the state. All sums so received shall be paid to the state, and shall be added to the appropriation available for the use of the department in the employment of experts.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:17 - Right Granted.

482:17 Right Granted. –
Any person or corporation authorized by its charter or articles of agreement to do so may erect and maintain on his or its land, or on land of another, with the owner's consent, a dam upon or across any stream or may increase by flashboards or permanently the height of any dam already so maintained by him or it for the purpose of raising the water to work any mill or mills on such stream or on another stream to which the same is tributary or for the purpose of creating a reservoir of water or raising the level of a public or other lake or pond to control, conserve or equalize the flow of such stream or streams for the benefit of any such mill or mills, upon obtaining authority to do so as provided in this subdivision.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:18 - Conflicting Claims.

482:18 Conflicting Claims. –
The provisions of this subdivision shall in no way affect any mill of other persons lawfully existing on the same stream or any mill site or mill privilege of other persons on which a milldam has been lawfully erected and used or the right of any owner of such mill, mill site or mill privilege, unless the right to maintain on such last mentioned site or privilege shall have been lost or defeated by abandonment or otherwise, and nonuse of any mill site or mill privilege for a period of 6 years shall be prima facie evidence of abandonment; nor shall the provisions of this subdivision affect any flowage or other water rights acquired prior to June 17, 1937, or the right to maintain any dam constructed prior to June 17, 1937.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:19 - Notice Required for Hydro-energy Generation Projects.

482:19 Notice Required for Hydro-energy Generation Projects. –
I. Every applicant to the Federal Energy Regulatory Commission for the permits and licenses, or modifications of permits or licenses, necessary for the development, construction, or reconstruction of a hydro-energy project shall place, on or prior to the date of such application, a notice of his intent in at least 2 local newspapers in the area where the proposed work is to be done and shall notify the following by certified mail, return receipt requested, that he intends to undertake a hydroenergy project:
(a) The owners of the dam site of the proposed project.
(b) The local governing body, planning board, and conservation commission of each municipality in which the project is sited.
II. The notice required in paragraph I shall include a brief description of the project for which the permit, license, or modification of the permit or license is to be sought, as well as a statement by the developer explaining the purpose of the project and his reasons for the development of a hydroelectric generation project.
III. The department shall deny any applicant violating this section any permit necessary for study and subsequent construction of the proposed project. The department shall notify the Federal Energy Regulatory Commission of any denial under this section.
Source.
1989, 339:1. 1996, 228:60, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:20 - Termination of Rights.

482:20 Termination of Rights. –
All rights, powers, privileges and franchises conferred upon any corporation, enabling it to construct and maintain milldams upon the streams of this state and to flow lands or do any other act necessary to the development of hydroelectric energy, shall terminate and be forfeited at the end of 6 years from the date on which the act of incorporation took effect, unless the actual work of constructing such dams or power plants shall be commenced during such 6 years and be prosecuted with reasonable diligence until such dams and plants are completed and in operation.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:21 - Forfeiture.

482:21 Forfeiture. –
Upon the written complaint of any citizen filed with the attorney general, setting forth that any corporation has failed to commence the actual work of constructing its dam or plant during the time limited by RSA 482:20 or has failed to prosecute the same with reasonable diligence until such dam or plant has been completed and in operation, it shall be the duty of the attorney general to enforce by an appropriate proceeding a forfeiture of the rights, powers, privileges and franchises under which the corporation might have erected its dam or plant.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:22 - Highways.

482:22 Highways. –
The provisions of this subdivision shall not affect the right of any town in any highway or bridge which the town may be liable to keep in repair, nor authorize any unreasonable interference with the use of any stream as a public highway.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:23 - Responsibility for Repairs.

482:23 Responsibility for Repairs. –
The necessary repairs on a mill, milldam or flume owned by joint tenants, or tenants in common, or owned in severalty when the privilege of the water is owned jointly or in common, shall be made by the owners in proportion to their respective interests in such structures.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:24 - Petition for Order; Two Towns.

482:24 Petition for Order;  Two Towns. –
I. When in the opinion of the owner of any part or share of a mill, milldam or flume it is necessary that it be rebuilt or repaired, and the other part owners neglect to rebuild or repair the same, he may apply, by petition in writing, to the selectmen of the town in which it is situated for an order to rebuild or repair. The petition shall contain a description of the premises, the names and shares of all persons interested in the structure who are known, the purpose of the application, including the scope of the proposed project, and a request for a hearing.
II. If such mill, milldam or flume is situated in 2 or more towns the petitions shall be to the selectmen of all the towns, and like proceedings shall be had before them as a joint board.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:25 - Notice; Posting.

482:25 Notice;  Posting. –
The selectmen shall appoint a time and place of hearing, and notify all persons interested by causing a copy of the petition and notice of the time and place appointed to be served in hand or by certified mail, return receipt requested to each such person, if known and residing in the state, at least 14 days before the hearing. If the identity or residence of an owner of any part or share is unknown, such copy and notice shall be posted in 2 or more public places in the town, 20 days before the hearing, and shall be published in a newspaper or newspapers distributed throughout the state. If the owner resides out of state, a copy of the petition and notice shall be served pursuant to RSA 510:4 at least 30 days prior to the hearing. If any person interested is under guardianship, or is a tenant for life or years, or a mortgagee in possession, the guardian, tenant or mortgagee shall be so notified, and may be ordered to contribute as owner, and shall have a lien for the sum contributed upon the part or share of the owner on account of whose part or share such sum is paid.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:26 - Hearing; Order; Assent.

482:26 Hearing;  Order;  Assent. –
The selectmen shall personally examine the premises, hear all persons interested, and, after consultation with the department, if they are of the opinion that the mill, milldam or flume ought to be rebuilt or repaired, they shall, by writing under their hands, order the owners to rebuild or repair, specifying the proportion or share of the expense and of the costs of the petition and hearing to be borne by each, and the time, and, if they deem it appropriate, the manner, in which it shall be done. However, no order to rebuild shall be made unless the owners of at least
1/2 of the premises to be rebuilt assent to such order.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:27 - Neglect to Comply; Lien on Share.

482:27 Neglect to Comply;  Lien on Share. –
If any person interested neglects to comply with the order, any one or more of the others may rebuild or repair his part or share; and the cost of such repair or reconstruction, upon notice, shall be determined and certified by the selectmen, with their charges for the service, and the amount of such costs may be recovered of such delinquent, with interest at the statutory rate established in RSA 336:1. The person paying the cost and charges shall have a lien for such cost and charges upon such delinquent's part or share, and the rents and profits of such part or share, until the amount, with the interest and all taxes and repairs, is repaid.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:28 - Special Contracts.

482:28 Special Contracts. –
If the owners of such mill, milldam or flume have made a special contract in respect to rebuilding or repairing the same, the decision of the selectmen concerning apportionment of costs shall conform to the contract. This section shall not limit the extent of repairs deemed necessary by the selectmen.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:29 - Application for Permit Before Flowing.

482:29 Application for Permit Before Flowing. –
I. Any person proposing to erect a dam or to increase, by flashboards or permanently, the height of any existing dam for any of the purposes provided in RSA 482:17 shall file an application for a permit with the department, setting forth the location, height and description of the proposed dam or proposed increase in any existing dam.
II. The application for a permit to construct or reconstruct any dam for any of the purposes provided in RSA 482:17 shall be accompanied by a deposit to the department of $100 with each such application. This payment shall be for expenses of publication, mailing, posting of notices, and copies of hearing transcripts, if necessary, by the department, and for the expense of hiring a hearing site, if a hearing outside of Concord is necessary. If said expenses amount to more than $100, the department shall order the applicant to pay the additional amount before any decision is made by the department with regard to said application.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:30 - Notice and Investigation.

482:30 Notice and Investigation. –
I. Upon receipt of a petition, the department shall fix a time and place for hearing the petition and shall issue an order of notice to all parties interested, which shall be published for 3 successive weeks in some newspaper in the county in which the dam is to be erected or is situated, the last publication to be not less than 14 days before the time fixed for hearing. Said order of notice shall be served on the attorney general, and such further notice, if any, shall be given as the department may order.
II. The department may conduct such reasonable studies and investigations as they deem necessary or appropriate to implement the purposes of this subdivision and may employ a consultant or consultants to assist with the duties imposed by this subdivision, the cost of which shall be borne by the applicants in such amount as may be approved by the department.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:31 - Hearing; Permit.

482:31 Hearing;  Permit. –
The department shall, after hearing, determine whether it will be of public use and benefit to grant the rights asked for, and in such determination, shall give due consideration to the effect upon scenic and recreational values and upon fish and wildlife and upon the natural flow of the water in the stream below the dam and any hazards to navigation, fishing, bathing and other public uses. The department shall, in all cases, investigate the question whether the cutting clean and removal of all timber and tree growth from all or any part of the flowage area is reasonably required in the public interests, and in such cases as it shall find that such cutting clean and removal of all timber and tree growth from all or any part of the flowage area are so required, such cutting clean and removal of all timber and tree growth shall be a condition to the exercise of such rights. The department shall embody all its findings in its permit.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:32 - Effect of Finding.

482:32 Effect of Finding. –
No other dam shall be erected to the injury of any proposed dam or any proposed increase in any existing dam which, in either case, has been found to be for the public good by the department pursuant to this subdivision, if the petitioner shall, within 3 years after such finding or within such further time as the department for good cause may grant, commence the construction and prosecute said construction with reasonable diligence.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:33 - Petition for Assessment of Damages.

482:33 Petition for Assessment of Damages. –
If the land of any person shall be overflowed, drained or otherwise injured by the use of any dam or addition to such dam and the damage shall not, within 30 days after due notice of such damage, be satisfactorily adjusted by the party erecting or maintaining the dam or increase in such dam, either party may apply by petition to the superior court in the county or counties where such damage arises to have said damage that has been or may be done assessed.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:34 - Contents of Petition.

482:34 Contents of Petition. –
The petition shall set out the title and description of the premises damaged, the right by reason of which the grievance arises, the location of the dam and the extent of the damages that the dam or dam addition has or may have occasioned.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:35 - Reference.

482:35 Reference. –
The court, after notice to all persons interested, shall, unless the parties agree upon the judgment that shall be rendered, refer the petition to a committee of 3 disinterested persons to be appointed by the court to determine in relation to the matters set forth in the petition.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:36 - Hearing; Report.

482:36 Hearing;  Report. –
The committee shall give such notice to the parties as shall be ordered by the court, shall hear the parties, view the premises, estimate the damages and make a report to the court at the next term of the court.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:37 - Order.

482:37 Order. –
Upon return of the report, any person interested in the report may object to its acceptance for any irregularity or improper conduct on the part of the committee, and the court may set it aside for cause. If the report shall be accepted and established, the court shall render judgment on the report.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:38 - Jury Trial.

482:38 Jury Trial. –
Before reference of such petition to the committee, if either party shall so elect, the court shall direct an issue to the jury to the facts alleged in the petition and to assess the damages, and judgment shall be rendered on the verdict of the jury. The court may award costs to either party at its discretion.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:39 - Damage to Other Land.

482:39 Damage to Other Land. –
The committee or jury assessing the damage shall take into consideration any damage done to other land of the party flowed, as well as the damage occasioned to the land actually occupied.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:40 - Petition Before Flowing.

482:40 Petition Before Flowing. –
Any person proposing to erect a dam or to increase, permanently or by flashboards, any existing dam, having obtained a permit from the department as provided in RSA 482:31, may file in the superior court a petition setting forth the location, height and description of the proposed dam or increase in any existing dam, and the title and description of the land involved or the rights in the land to be taken, and applying for the assessment of damages occasioned by such taking in advance of the taking. The court shall then proceed in accordance with the provisions of RSA 482:35-39, inclusive.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:41 - Security for Damages.

482:41 Security for Damages. –
Any person, upon filing a petition as provided by RSA 482:33 or 482:40, may be required at any time, upon application to the court in which such petition is filed, to give within a reasonable time such security as justice may require for any damages which have been or may be occasioned by such proceedings or to satisfy any judgment which may be rendered in such proceedings, and no such person shall derive any title from the proceedings or shall be discharged from any liability in relation to the premises until the person aggrieved or damaged has been paid or tendered the amount of the judgment rendered.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:42 - License to Flow Public Lands.

482:42 License to Flow Public Lands. –
The governor and council may grant to the owner of a dam located at the outlet of an inland public water the right to flow public lands contiguous to such public water and its tributaries when, in the opinion of the department, it is in the public interest to do so, and under such terms and conditions with respect to water levels and otherwise as the department may specify.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:43 - Deeds.

482:43 Deeds. –
Any such grant of right of flowage and the conditions upon which the same is made shall be evidenced by deed executed in the name of the state by the governor and attested by the secretary of state and recorded in the county where the property is situated.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:44 - Authority Granted.

482:44 Authority Granted. –
To implement this subdivision, the department is authorized:
I. To hold in the name of the state real property and rights and easements in such property, including dams in disrepair, deemed by it necessary or desirable for the purposes of this subdivision, and to use such property; provided, however, that no dam or any real property appurtenant to a dam or any rights and easements in either may be acquired pursuant to the authority of this section or any other provision of law except an act of the legislature which authorizes the acquisition of a particular dam, real property, or right or easement.
II. To construct, reconstruct, maintain and operate such dams and other real property, rights and easements.
III. To enter into agreements whereby individuals, firms, corporations, or municipal corporations may obligate themselves or itself to the payment of the costs or any part of the costs for acquisition, construction, maintenance or operation of facilities as provided for in paragraphs I and II.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:45 - Approval of Facilities.

482:45 Approval of Facilities. –
I. [Omitted.]
II. The department shall study and survey each facility and shall submit to the governor and council a report including a detailed description and plan of the facility and a detailed estimate of the total cost of the facility and of the funds which may be received from individuals, firms, corporations or municipal corporations for such facility. The governor and council, upon receiving such report, shall determine whether the proposed facility will be of public use and benefit and within the authority conferred upon the department. No facility under this subdivision shall be finally undertaken until the same is approved by the governor and council.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:46 - Application of Statutes.

482:46 Application of Statutes. –
The provisions of RSA 481:1-19, 482:85, and 482:91 shall apply to the facilities undertaken under the authority of this subdivision insofar as the same are not inconsistent with the provisions of this subdivision.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:47 - Municipal Appropriations.

482:47 Municipal Appropriations. –
For the purpose of paying the expense, or a part of the expense, of the cost of a facility undertaken by the state under the provisions of this subdivision, as provided by any agreement with the state, a city or town may raise and appropriate such sums of money as may be required under such agreement or may borrow money and issue serial notes or bonds for the paying of such expense.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:49 - Acquisition Authorized; Department of Fish and Game.

482:49 Acquisition Authorized;  Department of Fish and Game. –
I. For a consideration of $1, the New Hampshire department of fish and game is authorized to accept conveyance and attendant easements from the owners of the following described properties for the purposes listed for each property.
II. The department of fish and game is authorized to rebuild and maintain said dams subject to specifications of the department of environmental services. The funding for the construction shall be accomplished under the Dingell-Johnson federal aid program, P.L. 81-681, and any other available federal aid programs.
III. The properties the department of fish and game is authorized to acquire under this section for the benefit of the state shall be exempt from taxation as long as said properties are held by the state.
(a) To improve and control certain water rights for smelt spawning and for the fishing season for the benefit of the state, the
1/4 acres more-or-less abutting Lucas Pond in Northwood including the dam on the land necessary for the rebuilding of Lucas Pond dam. The department of fish and game is authorized to accept from any abutting landowners an easement to provide construction road access to the dam site.
(b) To improve and control certain water rights for the perpetuation of a reclaimed trout pond: the Whittemore Pond dam, listed as dam No. 22.01 in the files of the department of environmental services and located in the towns of Bennington and Greenfield, Hillsborough county. The department of fish and game shall obtain other attendant easements which may be necessary to provide access for the purpose of maintenance or repair of said dam but not for the purpose of public access. In addition to the funding under paragraph II, funding for repairs to Whittemore Pond dam shall be accomplished by public or private donations.
(c) To improve and control certain water rights, from the owner of a certain parcel of land surrounding a dam site across Jones Brook, otherwise located on state-owned land known as the Jones Brook wildlife management area, in the town of Middleton, county of Strafford, and state of New Hampshire, and further described as follows: Commencing at a point 75 feet due west of the northwest corner of the emergency spillway for the impoundment, said point being the point of beginning; thence due north 50 feet; thence due east 750 feet; thence due south 250 feet; thence due west 750 feet; thence northerly 200 feet to the point of beginning.
(d) The outlet dam, water rights, and 2.5 acre car-top boat launch access area at Robb Reservoir in the town of Stoddard, Cheshire county.
Source.
1989, 339:1. 1996, 228:106. 2007, 38:1, eff. July 13, 2007.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:50 - Dams Owned by Fish and Game.

482:50 Dams Owned by Fish and Game. –
Revenue to the state resulting from the leasing for hydroelectric generation of any dams owned by the department of fish and game which were funded by the Pittman-Robertson or Dingell-Johnson federal aid in fish and wildlife restoration programs shall be credited to the fund established by RSA 482:55, but shall be expended exclusively for work on any federally-funded dams owned by the department of fish and game. Such revenue shall be so expended during the same year in which it is generated.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:52 - Investigation and Construction of a Lake Management Structure at Silver Lake in Belmont.

482:52 Investigation and Construction of a Lake Management Structure at Silver Lake in Belmont. –
The department is authorized to investigate conditions affecting the use and enjoyment of Silver Lake and when funds are available therefor to construct an outlet control structure and make channel improvements.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 482 - Dams, Mills, and Flowage › Section 482:53 - Agency to Receive Funds.

482:53 Agency to Receive Funds. –
The department is authorized to apply for and receive in the name of the state any funds which are or may become available for the purpose of RSA 482:52 from the federal government or any other source. The department is authorized to acquire by gift any lands, water rights, easements or other property rights from the owners of lake frontage on Silver Lake, any funds which may be offered to make the project possible, or both.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.