Title L, Water Management and Protection

As used in this section, the term "stored water" is defined as water released from storage provided under the terms hereof in excess of the amount which would naturally flow at the time of such release if storage facilities had not been so provided and maintained. It shall be unl…

The department shall regulate and direct the storage and release of water from each reservoir in such manner and at such times as shall be most beneficial for regulating the flow of rivers and streams to lessen damages resulting from floods and to promote the state's industrial a…

Notwithstanding any provision of law to the contrary, before any private or municipal water company may withdraw water in excess of 100,000 gallons per day from a well located in one municipality for use in a different municipality, such water company shall provide written notice…

All property and rights acquired by the department shall be exempt from all taxation, but the department shall continue to make payments in lieu of taxes, on or before December 1 of each year, to each town or city to which the department made such payments as of December 31, 2008…

The words "appurtenances thereto" as used in RSA 481:14 shall be deemed to include only land actually occupied by physical structures of the department and dam and to exclude all lands whether submerged or out of water.

As used in this chapter, the following words shall have the following meanings: I. "Commissioner" means the commissioner of the department of environmental services. I-a. "Department" means the department of environmental services. II. [Omitted.] III. "Cost of project" shall mean…

The commissioner may engage in projects, financed as set forth in this chapter. The commissioner is authorized: I. To investigate and identify the facilities for storing surplus water, and for conserving, controlling and distributing surplus water, and to investigate and identify…

It is the intent of the legislature to authorize a property leasing program, upon those lands under the jurisdiction of the department on the Lake Francis impoundment property. The goal of the property leasing program is to make a solid contribution to the economic vitality of th…

I. Revenue to the state resulting from the leasing, sale, or transfer of state-owned dams shall be credited to the fund established in RSA 482:55 for the purpose of the retirement of bonds and notes authorized by RSA 482:56. II. Notwithstanding any other provision of law, the dep…

I. The commissioner shall have the power to make contracts with the United States, any state in the United States, a foreign country, or any public corporation or body in another state or country. II. The commissioner may: (a) Accept grants from the United States or any federal a…

All property of the department and all property held in the name of the state under this chapter shall be exempt from levy and sale by virtue of an execution. No execution or similar judicial process shall issue against the property. No judgment against the department shall be a …

I. The department, in order to make the project so far as possible self-liquidating and self-supporting, shall make contracts in the name of the department with persons or corporations as may be specially benefited by the project, including users of water in and outside the state…

The obligations of a political subdivision consisting of a municipality as defined in RSA 33:1 in a contract with the department under this chapter shall be binding on such municipality to the same extent as other debts lawfully contracted by it and said municipality shall annual…

If a user of water substantially benefited by a project shall decline to enter into a contract as provided in RSA 481:8 or if the department and such user cannot agree upon the compensation to be paid by him, either party may, before or after the completion of such project, apply…

It is found to be for the public good and welfare of this state to protect and preserve its submerged lands under tidal and fresh waters and its wetlands, (both salt water and fresh-water), as herein defined, from despoliation and unregulated alteration, because such despoliation…

The general court declares that there is a statewide need for conservation and control of water in streams, rivers, lakes and ponds by the repair of dams now in disrepair, the construction of new dams, the construction of hydro-energy production facilities as defined in RSA 481:2…

The purpose of this chapter is to protect and improve the general health and welfare of the people of the state of New Hampshire; to protect the groundwater resources of the state; to regulate the construction of water wells and the installation of well pumps; to license water we…

I. Any person aggrieved by a decision made by the department under RSA 482-A:3 may appeal to the wetlands council and to the supreme court as provided in RSA 21-O:14, including the provisions relative to requesting mediated or unmediated settlement discussions. A person aggrieved…

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 failur…

I. Within 90 days after completion of a well, the water well contractor shall provide the board with a record of the well containing the following information: (a) Name of the owner of the property on which the well is situated. (b) Name of the building contractor, if applicable.…

I. If, upon appeal of the landowner, the superior court determines that the decision appealed from so exceeds the bounds of the police power as to constitute the equivalent of taking without compensation and that the land as so regulated meets the public purpose standards of this…

I. The commissioner shall adopt reasonable rules, pursuant to the rulemaking provisions of RSA 541-A, to implement the purposes of this chapter. II. Decisions of the department or council under this chapter shall be consistent with the purposes of this chapter as set forth in RSA…

Drilling, excavating and pumping associated with the oil, gas or brine well industries and the construction, quarrying, and mining industries and the disposal of any materials shall be subject to this chapter only insofar as they relate to the pollution and depletion of undergrou…

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 p…

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.

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 o…

Nothing in this chapter shall prevent a person from constructing a well on the person's own or leased property if the well is intended for use only for noncommercial farming purposes or if the waters to be produced are not intended for use by the public or by persons in any resid…

Project approval by the department shall be in the form of a permit, a copy of which the applicant shall post in a secured manner in a prominent place at the site of the approved project. The department shall mail a copy of such permit to the local governing body of the municipal…

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 4…

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 pr…

The commissioner is empowered to impose an administrative fine of up to $5,000 for each violation, irrespective of the duration of violation, upon any person who violates any provision of this chapter. This fine is appealable under RSA 21-O:5-a, V. Any administrative fine imposed…

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 departm…

Where the board finds that compliance with all the requirements of this chapter or rules adopted under RSA 482-B:4 would result in undue hardship, an exemption from any one or more of such requirements may be granted by the board to the extent necessary to ameliorate such undue h…

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.

I. Whoever recklessly or knowingly fails, neglects or refuses to comply with this chapter, rules adopted under this chapter, an order or condition of a permit issued under this chapter, or recklessly or knowingly misrepresents any material fact in connection with any activities r…

Fees received under this chapter shall be paid over to the state treasurer and deposited in the water well board fund established in RSA 482-B:4-a.

The director of the division of forests and lands, department of natural and cultural resources, or his authorized agents, may issue a written cease and desist order against any timber operation in violation of this chapter. Any such violation may be enjoined by the superior cour…

I. Whoever fails, neglects or refuses to comply with this chapter or rules adopted under this chapter, or an order or condition of a permit issued under this chapter, or misrepresents any material fact made in connection with any activity regulated or prohibited by this chapter, …

No person who acquires property, by any means, more than 2 years after an activity constituting a violation of this chapter has been completed, shall be subject to an enforcement action under this chapter for such violation, provided such person allows restoration of impacted are…

I. (a) Any municipality, by its conservation commission, or, in the absence of a conservation commission, the planning board, or, in the absence of a planning board, the local governing body, may undertake to designate, map, and document prime wetlands lying within its boundaries…

All wells shall be maintained in a proper condition to conserve and protect groundwater resources and shall not be a source or cause of contamination or pollution of the water supply of any aquifer. All materials and construction practices used in the construction of a new well o…

The department shall report annually to the wetlands council on the wetlands program. The report shall include, but not be limited to, the status of the wetlands program including program performance, rules, and funding and the status of the Clean Water Act section 404 program in…

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 …

No person shall place or cause to be placed any fill in any area below the mean high water level of any public waters or below the artificially-created high water level of publicly-owned bodies of water in this state with the intent or with the effect of creating or forming fille…

I. The department may issue an administrative order to any person who violates any provision of this chapter, any rule adopted under this chapter, or any license or approval issued under this chapter, or who makes or certifies a material false statement relative to any document r…

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 al…