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Show Chapter 29. NEW HAMPSHIRE CONTENTS Page 1. Development of New Hampshire Water Law____________________ 487 2. State Organizational Structure for Water Administration and Control __ 487 2.1 Administration of Water Rights_______________________ 487 2.2 Resolution of Water Use Conflicts_____________________ 488 2.3 Other Agencies Having Water Resource Responsibilities____ 488 3. Surface Waters____________________________________________ 491 3.1 Method of Acquiring Rights__________________________ 491 3.2 Nature and Limit of Rights__________________________ 491 3.3 Changes, Sales, and Transfers_________________________ 492 3.4 Loss of Rights_____________________________________ 492 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 493 3.6 Springs__________________________________________ 493 3.7 Diffused Surface Waters_____________________________ 493 4. Ground Water____________________________________________ 494 Publications Available________________________________________ 495 DISCUSSION 1. Development op New Hampshire Water Law New Hampshire is located in a region of the United States which historically has had a plentiful water supply. The State has many streams, small rivers, lakes, ponds, and a small seashore. Waters are viewed as either public or private. Public waters include tidal waters and inland waters which are navigable in fact, and are subject to public use,1 whereas private waters are those which are nonnavigable, and which are not subject to public use.2 Water supply did not present the problems in the settlement and development of New Hampshire that attended the colonization of the more arid regions of the Nation. Therefore, the State adopted and has followed the doctrine of riparian rights as its basic water law, with every riparian owner limited to a reasonable use of the water in the watercourse.3 With respect to ground water, the overlying landowner similarly has the right to make a reasonable use of the water whether it is flowing in a subterranean channel or merely percolating through the soil.4 Legislation dealing with water resource management is very limited. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights Since riparian rights are essentially private privileges and uses, as distinguished from the public nature of beneficial use of water in 1 Concord Manufacturing Company v. Robertson, 66 N.H. 1, 25 Atl. 718 (1889); State v. Oilmanton, 14 N.H. 467 (1843). •Id. »Gilli8 v. Chase, 67 N.H. 161. 31 Atl. 18 (1891) ; Tillotson v. Smith, 32 N.H. 90 (1855). *Bassett v. Salisbury Mfg. Co., 43 N.H. 569 (1862). 487 |
