Title L, Water Management and Protection

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 …

Without limiting RSA 482-A:3, the waters and adjacent areas within this state to which this chapter applies are defined as follows: I. Wherever the tide ebbs and flows, this chapter shall apply to all lands submerged or flowed by mean high tide as locally determined, any sand dun…

The New Hampshire water well board fund is established as a special fund in the state treasury. The fund shall be revolving, continually appropriated and nonlapsing. All fees, fines and civil penalties collected as provided in this chapter shall be paid into the state treasury im…

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 propose…

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 occa…

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 suc…

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.

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 propert…

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 f…

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.

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…

I. For a consideration of $1, unless otherwise noted, the department is authorized to accept conveyance from the property owners the following described property for the purpose of improving and controlling certain water rights for the benefit of the state. The department shall o…

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 authorize…

I. A person, before engaging in the business of constructing a well or installing a pump, shall obtain the proper license annually as a water well contractor or pump installer. A license shall not be transferable and shall expire on June 30 of each year. After July 31 of each yea…

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 th…

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 esta…

The department is authorized to accept the transfer of necessary rights and easements in and to the following described dams from the state agencies that are the owners or custodians of such dams for the purpose of providing access and construction work areas and for the purpose …

I. In this section "state-owned dam" means any dam owned exclusively by the department. II. At least one year prior to removing any state-owned dam, the department shall offer to transfer ownership of the dam and associated property, including associated easements and water right…

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.

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, easem…

As used in this subdivision: I. "Contract construction" shall mean work performed after competitive bid by use of an independent contractor in combination with the department. II. "Emergency" shall mean a circumstance whereby life or property is threatened or will be threatened u…

For the state of New Hampshire to meet its commitments to maintain its dams and impoundments and associated property for future generations and promote the safety of the public, there is established a dam maintenance fund to cover the cost of performing work on state-owned dams a…

To provide working capital for initiation of the fund established in RSA 482:55, the state treasurer is hereby authorized to borrow upon the credit of the state the sum of $9,800,000 and for said purpose shall issue bonds and notes in the name of and on behalf of the state of New…

Notwithstanding other provisions of law, the commissioner of environmental services shall expend such sums from the dam maintenance fund as are necessary for performance of work on state-owned dams and property associated with and contiguous to state-owned dam sites, as well as n…

As used in this subdivision: I. "Local legislative body" means one of the following basic forms of government utilized by a municipality: (a) Council, whether city or town. (b) Mayor-council. (c) Mayor-board of aldermen. (d) Village district commissioners in a village district or…

I. The department may deny the petition or may require the installation of bulkheads, barriers, proper retention or containment structures, or both, to prevent subsequent fill runoff back into waters or other protective measures. II. To perform its duties under this chapter, it s…

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…

A water well contractor shall place in a conspicuous location on both sides of each well drilling rig or other machine used to construct a well and a pump installer shall place in a conspicuous location on both sides of each pump service truck the license number in letters not le…

The local governing body of any municipality in which the whole or a part of a dam is located, if it has reason to believe the dam may be in disrepair, may petition the department for an investigation to determine whether such dam is in disrepair. The local governing body shall s…

The department, upon its own motion or upon the filing of a petition pursuant to RSA 482:60, shall notify the owner of such dam of the filing of said petition and set a time and place for a hearing to determine whether such dam is in disrepair. Said notice shall be given at least…

Upon receipt of a petition under RSA 482:60, the department may, either before or after said hearing, cause an inspection of said dam to be made by a competent person, who may be one of its employees.

Pursuant to notice given by the department, it shall hold a public hearing and find, upon evidence furnished by its employees or others, whether said dam is in disrepair. If the department finds such dam in disrepair, it shall request the dam owner to make the requisite repairs o…

If the owner shall fail to comply with such request, a municipality in which all or a portion of such dam is located may take, by eminent domain proceedings before the department as provided in this subdivision, such dam and other real estate, franchises, easements, flowage and o…

Eminent domain proceedings shall not be taken under this subdivision unless authorized by a vote of a majority of all voters present and voting at an annual or special meeting of the town or village water district or by a 2/3 vote of all elected members of the town council. A cit…

A special town or village water district meeting or town council meeting to authorize action under this subdivision may be called by the local legislative body by posting or causing to be posted a written or printed copy of the warrant noticing such meeting at the place of meetin…

If, within 2 years from the finding by the department that a dam is in disrepair, a municipality in which a portion of such dam is located desires to take such property by eminent domain proceedings, the local legislative body may in writing so petition the department. Such petit…

Upon receipt of the petition provided for in RSA 482:67, the department shall notify the owners of property likely to be affected by such proceedings by publication as provided in RSA 482:61, and set a time and place for a hearing to determine what property shall be taken by the …

After said notice, a public hearing shall be held and the department shall find, upon evidence furnished by its employees or others at the hearing, what property and rights are reasonably required by the municipality for the acquisition of the dam, other real estate, franchises, …

This chapter shall not restrict a plumber from engaging in the trade for which the plumber has been licensed if such plumber holds a pump installer's license. No examination shall be required for a person who is a plumber licensed under RSA 153:27-a and holds a valid pump install…

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.

The department is authorized to solicit and receive any gifts, grants or donations made for the efforts of the department under the provisions of this chapter and to disburse and administer the same through the department.

Any party aggrieved by an order of the department awarding damages may, within 60 days after entry of the order, file a petition in the superior court of the county in which the land is wholly or partially located to have the damages assessed by a jury, upon which petition notice…

If an owner or the owners of real estate, franchises, easements and other property affected by proceedings under this subdivision is under any legal disability and is not under guardianship in this state or his residence is unknown or uncertain, the department shall upon applicat…

A municipality shall expend such sums as may be necessary to satisfy any judgment of the department pursuant to RSA 482:69 and any appeal from such judgment and such sums may be taken from moneys (a) raised from the sale of bonds, sufficient authority for the issuance of which sh…

A municipality acting through its local legislative body may employ engineers, counsel and others and defray other expenses incident to proceedings under this subdivision.

Access to a dam and adjacent property may be had at all times by representatives of the department or a municipality to implement the purposes and intent of this subdivision.