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Show 490 NEW HAMPSHIRE In the operation of storage projects, the board attempts to achieve the maximum benefit for flood control purposes, generation of power, and water supply. Stored water may be sold to political subdivisions of the State for public and domestic water use.22 The Board is also authorized by statute to accept the conveyance of certain existing private dams, with water rights, which are located in various parts of the State, and to operate them for the above purposes.23 Projects may be funded by the issuance of bonds, and the Board is also authorized to cooperate with and receive funds from the Federal Government for the construction of projects.24 Channel improvements may be undertaken by the Board for pur- poses of stabilizing streamflow, fire protection, improvement of rec- reational facilities, and to lessen flood damage.25 The Board has also been delegated authority to regulate the water levels of the public waters of the State, in order to assure that the public interest in such waters is protected.26 The responsibility of supervising the construction of dams by individuals, corporations, or municipalities has been delegated to the Board.27 This includes the authority to review plans and specifica- tions for the construction of dams to assure that the proposed struc- ture is safe. Repairs may be ordered on any existing dam when an inspection indicates that the structure is unsafe.28 Any person desir- ing to construct a dam must file a petition with the Board and secure its approval. Before approving any project, the Board is required to evaluate a number of economic and environmental considerations specified in the act, and must conclude that the construction of the dam is consistent with the public interest.29 Individuals are author- ized to condemn a flood easement on the land of another to construct and operate a reservoir.30 The regulation of filling, dredging, construction or similar activi- ties that would disturb the natural character of any surface water, bank, flat, marsh, bog, swamp, or other wetlands in the State is the responsibility of the New Hampshire Special Board. Before under- taking any such activities in these areas, a permit must be obtained from the Board, and, in order to issue a permit, the Board must determine that by so doing it will not violate the ecological criteria set forth in the statute.31 New Hampshire has entered into compacts with other States for the purpose of protecting water quality32 and to control the flood- flows of the waters on certain interstate rivers.33 At the local level of government, municipalities are empowered to maintain and operate public water supply systems and to acquire any necessary property rights by purchase or condemnation.34 22 Sees. 481 :13, 481 :8, and 481 :9. 23 Sees. 481 :6. 481 :15 to 481 :19. 481-A :1 and 481 :25 to 481 :28. 2i Sees. 481-A :1. 481-B :1 to 481-B :3, 481-D :1 to 481-D :4, 482-A :1 to 482-A :3, 482-B :1 to 482-B :?,, 482-C :1 to 482-C :3, 482-D :1 to 482-D :3, and 482-E :1 to 4S2-E :3. 25 Sees. 482 :2. 482 :35 to 482 :41. sa Sees. 482 :2, 484 :1 to 484 :4. 27 See. 482 :3. 28 Sees. 482 :4 to 482 :15. 29 Sees. 482 :19 to 482 :22. 3° Sec. 482 :23. « Sees. 483-A :1 to 483-A :5 ; 387 :6, Laws of 1969 ; 329 :1, Laws of 1971. 32 Sees. 488 ;1 to 488 :5. 33 Sees. 487:1 to 487:5. s* Sees. 38:1 to 38:23: Sencomt Water Comm'n. v. Portsmouth, 106 N.H. 15. 203 A. 2d 360 (1966). |
