New Hampshire Revised Statutes 482:18 – Conflicting Claims
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Terms Used In New Hampshire Revised Statutes 482:18
- Dam: means any artificial barrier, including appurtenant works, which impounds or diverts water and which has a height of 6 feet or more, or is located at the outlet of a great pond. See New Hampshire Revised Statutes 482:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
The provisions of this subdivision shall in no way affect any mill of other persons lawfully existing on the same stream or any mill site or mill privilege of other persons on which a milldam has been lawfully erected and used or the right of any owner of such mill, mill site or mill privilege, unless the right to maintain on such last mentioned site or privilege shall have been lost or defeated by abandonment or otherwise, and nonuse of any mill site or mill privilege for a period of 6 years shall be prima facie evidence of abandonment; nor shall the provisions of this subdivision affect any flowage or other water rights acquired prior to June 17, 1937, or the right to maintain any dam constructed prior to June 17, 1937.