N.H. Rev. Stat. § 482:48

Current through the 2024 Legislative

Section 482:48 - Acquisition Authorized

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 own all property and interest held by the former water resources council. The department after acquisition shall, from time to time, make repairs and modifications to the dams so acquired or rebuild them if required to best serve the interests of the state. The properties the department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the properties are held by the state.

(a) The dam, water rights, and lands used in connection with Mirror Lake dam on a tributary of Hubbard Brook and Pemigewasset River in the town of Woodstock in Grafton county.

(b) From the towns of Barrington, Northwood, and Nottingham, the dam on North River Pond situated in the town of Nottingham, water rights, land, and other connected facilities.

(c) The dam at the outlet of Angle Pond in the town of Sandown, water rights, land, and other connected facilities.

(d) The dam on Pine River Pond in the town of Wakefield, water rights, land, and other connected facilities. The department shall place a suitable plaque at the dam with such detail as the department deems appropriate.

(e) The dam, dikes, and appurtenances containing and controlling the waters of Hubbard Pond in the town of Rindge, including flumes, sluiceways, equipment, and apparatus connected with or appurtenant to said dam and dikes including the right to pass or repass to said dam and dikes for the operation, maintenance, repair, reconstruction, and construction of said dam, dikes, and appurtenances. The grantor's right, title, and interest in the lands above the highwater level of the aforesaid pond, including all islands, which have been previously conveyed to them are hereby reserved.

(f) The dam, dikes, and appurtenances containing and controlling the waters of Pratt Pond in the town of Mason, including flumes, sluiceways, equipment, and apparatus connected with or appurtenant to said dam and dikes including the right to pass or repass to said dam and dikes for the operation, maintenance, repair, reconstruction, and construction of said dam, dikes and appurtenances. The grantor's right, title, and interest in the lands above the highwater level of the aforesaid pond, including all islands, which have been conveyed to them are reserved.

(g) The dam, dikes, and appurtenances containing and controlling the waters of Ballard Pond in the town of Derry, including flumes, sluiceways, equipment, and apparatus connected with or appurtenant to said dam and dikes, including the right to pass or repass to said dam and dikes for the operation, maintenance, repair, reconstruction, and construction of said dam, dikes, and appurtenances. The grantor's right, title, and interest in the lands above the highwater level of the aforesaid pond, including all islands, which have been conveyed to them are reserved. The ownership, use, and maintenance of the Taylor Mill, near the dam on Ballard Pond in the town of Derry, including all necessary machinery and controls, is not conveyed by this paragraph.

(h) The dam, dikes, and appurtenances containing and controlling the waters of the Black reservoir in the town of Jaffrey, known as number 124.06, including flumes, sluiceways, equipment, and apparatus connected with or appurtenant to said dam and dikes, including the right to pass and repass to said dam and dikes for the operation, maintenance, repair, reconstruction, and construction of said dam, dikes, and appurtenances. The grantor's right, title, and interest in the lands above the highwater level of the aforesaid reservoir, including all islands, which have been previously conveyed to them are reserved. The department is authorized to rebuild, repair, and maintain the reservoir to best serve the interests of the state, utilizing moneys from the dam maintenance fund established under RSA 482:55.

(i) The dam known as Shell Camp Pond dam or Jones Mill dam on Shell Camp Pond situated in the town of Gilmanton, water rights, land, and other connected facilities. Any land or facilities acquired by the department as a result of the acquisition authorized by this paragraph which the department, with the approval of the governor and council, determines not to be necessary to retain in order to achieve the purposes of this paragraph and any salvageable material similarly acquired shall be sold and the proceeds from such sale returned to the special fund established by RSA 270-E:5, II(a).

(j) Dams and water rights controlling Pawtuckaway Pond and Mendum Pond in the towns of Nottingham and Barrington with approximately 700 acres of land bordering said waters in said towns.

(k) The dam, water rights, and lands used in connection with the Bunker Pond in Epping.

(l) The dam, water rights, and lands used in connection with Chandler Pond in Landaff.

(m) The dam, water rights, and land use permits used in connection with the Oliverian Dam in the United States National Forest in Benton.

(n) The dam known as Waumbek Dam and as number 161.07, in the town of Milton, water rights, land, and other connected facilities.

(o) The dam known as Rowe Dam and as number 161.11, in the town of Milton, water rights, land, and other connected facilities.

(p) The dam, water rights, and lands used in connection with Hawkins Pond in the town of Center Harbor.

(q) The Buck Street dam, on the Suncook River at the junction of Glass Street and Buck Street in the towns of Pembroke and Allenstown in Merrimack county, and the water rights, land, and other connected facilities.

(r) The dam, water rights, land, and any connected buildings at Mascoma Lake in the towns of Lebanon and Enfield.

(s) The dam, water rights, and connected land on the Goose Pond brook in the towns of Canaan and Hanover.

(t) The dam, water rights, and connected land on Crystal Lake Brook in the town of Enfield.

(u) The dam, water rights, and connected land at Grafton Pond in the town of Grafton.

(v) The Newfound Lake dam on Newfound Lake in the town of Bristol in Grafton county, and the water rights, land, and other connected facilities.

(w) The Kelley Falls dam on the Piscataquog River in the immediate vicinity of the Nazaire Biron Bridge in the city of Manchester in Hillsborough county, and the water rights, land, and other connected facilities. The grantor shall provide a suitable public access to the site of the conveyance and to the impoundment above the dam if none exists.

(x) For a sum of $25,000 paid to the department by the Avery Dam corporation, the department is authorized to accept conveyance from the owners of the following described property for the purpose of improving and controlling certain water rights for the benefit of the state: The dam, water, easements, and connected lands known as Avery dam on the Winnipesaukee River in the city of Laconia. The department is further authorized to enter into an agreement with the Avery Dam corporation for the use of stored water from Lake Opeechee in the city of Laconia, said agreement for a term of 10 years to guarantee the grantor the right of water usage from said lake at the now existing rate. The money received under this paragraph and any other revenue received for the same purposes shall be paid to the department and held in a special fund to be used exclusively for the repair and maintenance of the Avery dam in Laconia.

(y) The Pittsfield dam on the Suncook River in the town of Pittsfield, as a gift in the name of the state of New Hampshire from the town of Pittsfield.

(z) Dams and water rights on and in the Suncook River extending from the town of Barnstead through Gilmanton to the town of Alton.

(aa) Dams, water rights, and lands connected therewith at Contoocook River park dam in the city of Concord and town of Hopkinton; Suncook River dam in Barnstead; Steele Pond in Antrim; and at Winnisquam Lake in Tilton, Sanbornton, Belmont, and Laconia.

(bb) The so-called Contoocook River park dam, water rights, land, and other connected facilities in the city of Concord.

(cc) The so-called outlet canal dam, water rights, land, and other connected facilities in the city of Concord.

(dd) Dam, water rights, and connected lands at Lovell Lake in the town of Wakefield.

(ee) Dam, water rights, and connected land at Great East Pond, Horn Pond, and Union Meadows Pond in the town of Wakefield.

(ff) Dam, water rights, and connected lands at Milton Three Ponds in the town of Milton and Kingswood Lake in the town of Brookfield and Wilsons Pond in the town of Acton, Maine.

(gg)

(1) For a sum of $10,000 paid to the department by the Unitil, the department is authorized to accept conveyances from the owners of the following described properties for the purpose of improving and controlling certain water rights for the benefit of the state: Dam, water rights, and connected lands known as the Sewalls Falls dam on the Merrimack river in the City of Concord.

(2) The money received under RSA 482:48, I(gg)(1) and any other revenue received for the same purposes shall be paid to the department and held in a special fund to be used exclusively for the repair and maintenance of the Sewalls Falls dam in Concord. Expenditures from this fund may be made for the purposes of this paragraph by the department with the prior approval of the governor and council.

(hh) The Ossipee Lake dam, land, and other rights located in Effingham, New Hampshire from the Central Maine Power Co. of Augusta, Maine provided, however, that the towns of Ossipee, Freedom, and Effingham shall enter into an agreement with the department, which agreement provides that the said towns of Ossipee, Freedom, and Effingham shall accept the responsibility for the operation and maintenance of the Ossipee Lake dam under the supervision of the department.

II.

(a) Governor and council approval having been granted, legislative approval is hereby given to the land conservation investment program to accept the following dams and assign to the department of fish and game for management purposes, including but not limited to operation and minor maintenance of said structures, as follows:

(1) Little Bog Pond dam, Odell, dam #185.03.

(2) Trio Ponds dam, Odell, dam #185.02.

(b) The governor and council shall authorize the acceptance of Meadow Lake dam in Northwood, dam #183.16, by the land conservation investment program only after all repairs have been completed, and the dam is deemed satisfactory through an inspection by the department. Upon acceptance, the land conservation investment program shall assign the dam and any contiguous property to the department of natural and cultural resources for management purposes, including but not limited to operation and minor maintenance of said structures.

(c) The land conservation investment program shall transfer $60,000 to the dam maintenance fund under RSA 482:55 to offset future repairs for the dams listed in subparagraph (a).

(d) Any property that the state is authorized to acquire under this subdivision shall be exempt from taxation as long as the property is held by the state.

III. Notwithstanding any of the above provisions, the New Hampshire fish and game department is authorized to accept Garland Pond dam, Ossipee dam #188.19 in its current state of disrepair, for the purpose and intent of future dam construction for wildlife management.

IV. Notwithstanding any of the above provisions, the fish and game department is authorized to accept approximately 77 acres abutting Morrill Pond and Morrill Pond dam, No. 38.21 in its current state of disrepair, for the purpose and intent of future dam construction for wildlife management.

V. For a consideration of $1, the department of natural and cultural resources, division of parks and recreation, is authorized to accept the Jericho Lake dam and dike in the city of Berlin.

VI. For a consideration of $1, the fish and game department is authorized to accept conveyance from the property owners of all water and property rights necessary to repair, maintain, and operate Big Brook Bog dam in the town of Pittsburg, known as number 194.14, for the purpose of improving and controlling the water rights for the benefit of the state. The property rights the fish and game department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the properties are held by the state. The rights to be acquired shall include the right to maintain Big Brook Bog dam in its historic configuration as it existed prior to February 1, 2003, or any other configuration beneficial to the state. The fish and game department may transfer rights in Big Brook Bog dam under RSA 482:51 to the department for purposes of repair and maintenance.

VII. For a consideration of $1, the fish and game department is authorized to accept conveyance from the property owners of all water and property rights necessary to repair, maintain, and operate the following described properties for the purpose of improving and controlling the water rights for the benefit of the state. The property rights the fish and game department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the properties are held by the state. The fish and game department may transfer rights in these properties under RSA 482:51 to the department for purposes of repair and maintenance. With the exception of such $1 consideration, nothing in this paragraph shall mandate or authorize the expenditure of any funds or capital relative to the provisions of this paragraph.

(a) Shehan Pond Dam in the town of Clarksville, known as number 48.06.

(b) Pearly Terrill Dam in the town of Pittsburg, known as number 194.05.

(c) Mountain Pond Dam in the town of Pittsburg, known as number 194.17, also known as Boundary Pond Dam. The rights to be acquired shall include the right to maintain Mountain Pond Dam in its historic configuration as it existed prior to May 1, 2010, or any other configuration beneficial to the state.

(d) Coon Brook Bog Dam in the town of Pittsburg, known as number 194.18.

(e) Round Pond Dam in the town of Pittsburg, known as number 194.27.

VIII. For a consideration of $1, the fish and game department may accept an easement from the property owners of all rights necessary to repair, maintain, and operate Akers Pond dam access and dike area in the town of Errol, adjacent to and abutting the state owned dam known as number 080.20 for the purpose of improving and controlling the water rights for the benefit of the state. The easement the fish and game department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the easement is held by the state. The fish and game department may transfer rights in these properties under RSA 482:51 to the department for purposes of repair and maintenance. With the exception of such $1 consideration, nothing in this paragraph shall mandate or authorize the expenditure of any funds or capital relative to the provisions of this paragraph.

IX. For a consideration of $1 each, the department of environmental services may accept an easement from the property owners of all rights necessary to access, repair, maintain, and operate the dike at Northwood Lake in the town of Epsom appurtenant to the state owned dam known as number 079.01 and the dike at Hermit Lake in the town of Sanbornton appurtenant to the state owned dam known as number 211.01, for the purpose of improving and controlling the water rights for the benefit of the state. The easements the department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the easements are held by the state. With the exception of such $1 consideration for each, nothing in this paragraph shall mandate or authorize the expenditure of any funds or capital relative to the provisions of this paragraph.

X. For a consideration of $1 each, the department of environmental services may accept an easement from the property owners of all rights necessary to access, repair, maintain, and operate Back Lake dam in the town of Pittsburg, Lake Armington dam in the town of Piermont, Cass Pond dam in the town of Epsom, and Chesham Pond dam in the town of Harrisville for the purpose of repairing and reconstructing such dams. The easements the department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the easements are held by the state. With the exception of such $1 consideration for each, nothing in this paragraph shall mandate or authorize the expenditure of any funds or capital relative to the provisions of this paragraph.

XI. For a consideration of $1, the department of environmental services may accept an easement from the property owners of all rights necessary to access, repair, reconstruct, maintain, and operate Weeks Pond Dam in the town of Warren for the purpose of repairing and reconstructing such dam. The rights and easements the department is authorized to acquire for the benefit of the state shall be exempt from taxation as long as the easements are held by the state. With the exception of such $1 consideration, nothing in this paragraph shall mandate or authorize the expenditure of any funds or capital relative to the provisions of this paragraph.

RSA 482:48

Amended by 2019 , 195: 1, eff. 9/8/2019.

Amended by 2017 , 156: 14, eff. 7/1/2017.

Amended by 2015 , 85: 1, eff. 8/4/2015.

Amended by 2013 , 17: 1, eff. 7/15/2013.

Amended by 2011 , 102: 1, eff. 7/30/2011.

1989, 339:1; 420:1. 1990, 229:21. 1991, 368:1, 4. 1992, 151:1-3. 1993, 189:2. 1995, 144:1. 1996, 228:106, 107. 2006, 306 : 7 , 8. 2009, 112 : 9 . 2011, 102 : 1 , eff. July 30, 2011. 2013, 17 : 1 , eff. July 15, 2013. 2015, 85 : 1 , eff. Aug. 4, 2015. 2017, 156 : 14 , I, eff. July 1, 2017. 2019, 195 : 1 , eff. Sept. 8, 2019.