New Hampshire Revised Statutes 481:8 – Contracts
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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 for power or other purposes, covering the terms under which the persons or corporations shall pay for the benefits. No contract shall extend for more than 50 years from the completion of the project. The compensation for the use of stored water or other benefits created by the projects shall be made equitable as among different users. All contracts shall benefit and bind the contracting users and their successors in title to the dams, water and flowage rights, generating plants, mills, or other real estate constituting the property on account of whose benefit the compensation is payable. All contracts entered into by the department for the construction of a project or for the use of stored water must be approved by the governor and council.
II. If the department undertakes a project in which the electricity is to be generated at the dam or reservoir site, the department, for the purpose of making the project so far as possible self-liquidating and self-supporting, shall make contracts with developers or operators of the hydro-energy production facility as the department may determine to be best qualified or with such users or distributors of the mechanical or electrical power generated by the facility as the department may determine to best serve the interests of the state. The contracts shall include terms under which the persons shall make full and proper restitution to the state. No contract with an operator, user, or distributor of electrical or mechanical power shall extend for more than 50 years from the completion of the project. All contracts with an operator, user, or distributor of mechanical or electrical power shall benefit and bind their successors in interest. All contracts entered into by the department under this paragraph shall be subject to the approval of the governor and council.
III. Notwithstanding paragraphs I and II, all contracts shall provide that in the event of a shortage crisis, as determined by the governor and council, in either the water resources of the state or the capacity to fulfill the electrical requirements of the state, the governor and council may suspend the terms of contracts which provide services outside of the state to fulfill the needs and requirements of the citizens of New Hampshire.
II. If the department undertakes a project in which the electricity is to be generated at the dam or reservoir site, the department, for the purpose of making the project so far as possible self-liquidating and self-supporting, shall make contracts with developers or operators of the hydro-energy production facility as the department may determine to be best qualified or with such users or distributors of the mechanical or electrical power generated by the facility as the department may determine to best serve the interests of the state. The contracts shall include terms under which the persons shall make full and proper restitution to the state. No contract with an operator, user, or distributor of electrical or mechanical power shall extend for more than 50 years from the completion of the project. All contracts with an operator, user, or distributor of mechanical or electrical power shall benefit and bind their successors in interest. All contracts entered into by the department under this paragraph shall be subject to the approval of the governor and council.
Terms Used In New Hampshire Revised Statutes 481:8
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of environmental services. See New Hampshire Revised Statutes 481:2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Hydro-energy production facility: shall mean any of those facilities which are adapted to producing and utilizing electrical or mechanical power from water resources, such as power plants and appurtenant substations, including transmission lines to the extent that the lines are necessary to utilize the power produced by a hydro-energy production facility. See New Hampshire Revised Statutes 481:2
- Project: shall be deemed to include all property, rights, easements and franchises relating to the project and necessary or convenient for its operation. See New Hampshire Revised Statutes 481:2
- real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. Notwithstanding paragraphs I and II, all contracts shall provide that in the event of a shortage crisis, as determined by the governor and council, in either the water resources of the state or the capacity to fulfill the electrical requirements of the state, the governor and council may suspend the terms of contracts which provide services outside of the state to fulfill the needs and requirements of the citizens of New Hampshire.