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Show NEW HAMPSHIRE 489 In addition to its duties with respect to water pollution, the com- mission is charged with the responsibility of investigating sanitary conditions pertaining to the treatment and distribution of all public waters supplies. It may require improvements in existing water treatment facilities and modifications in their operation in order to protect the public health.12 Auxiliary and emergency public water supplies must be approved by the commission.18 Any person or entity constructing a new public water supply system, or enlarging an existing system, must submit plans for the proposed construction to the commission. In order to protect the public health, the commission regulates the cutting and use of ice which is a source of public water supply.14 Studies may be under- taken by the commission to determine the most feasible and economic method of meeting future water supply requirements of towns and cities which appear likely to experience increased industrial expan- sion and population growth in the next 50 years.15 b. WATER RESOURCE PROJECTS The principal agency in New Hampshire dealing with the con- servation and development of the State's water resources is the water resources board.16 The act creating this board declares: . . . that there is a statewide need for the conservation and distribution of water and the regulation of the flow of rivers and streams and that the public interest, welfare, and necessity require the construction of projects for the con- servation, development, storage, distribution, and utilization of water, and the corporation authorized hereunder shall be regarded as performing a govern- mental function in carrying out the provisions hereof. It is further declared that there is a special public need for dams and reservoirs at strategic locations for regulating the flow of rivers and streams to lessen damages resulting from floods and to promote the state's industrial and economic welfare, by enhancing the present and potential water power along the rivers and streams and the construction, maintenance, and operation of such dams and reservoirs within the State is a primary purpose of this chapter.17 To accomplish the purpose of the act, the board is authorized to construct, maintain, and operate dams and associated facilities in order to store, conserve, and control the surplus waters of the State.18 The board may acquire, by purchase or condemnation, such lands, easements, and rights-of-way as needed for the construction of water conservation projects.19 However, projects must be approved by the Governor prior to construction, and then only after a public hearing and a finding that the project would be of public use and benefit.20 The New Hampshire Supreme Court has ruled that the act is not unconstitutional even though some incidental private benefit arises or accrues from projects constructed, because the primary benefit is public.21 12 Sees. 148:15 to 148:22. ^Secs. 148:26 to 148:31. « Sec. 148 :25. "Sees. 148-A:1 to 148-A:5. 16 Sees. 481:1 et seq. 17 Sec. 481:1. 18 Sec. 481:3. 19 Sees. 481:3 and 481:6. 80 Sec. 481:7. ^Oonway v. New Hampshire Water Resources Boards 89 N.H. 346, 199 Atl. 83 (1938). |
