New Hampshire Revised Statutes 482:49 – Acquisition Authorized; Department of Fish and Game
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I. For a consideration of $1, the New Hampshire department of fish and game is authorized to accept conveyance and attendant easements from the owners of the following described properties for the purposes listed for each property.
II. The department of fish and game is authorized to rebuild and maintain said dams subject to specifications of the department of environmental services. The funding for the construction shall be accomplished under the Dingell-Johnson federal aid program, P.L. 81-681, and any other available federal aid programs.
III. The properties the department of fish and game is authorized to acquire under this section for the benefit of the state shall be exempt from taxation as long as said properties are held by the state.
(a) To improve and control certain water rights for smelt spawning and for the fishing season for the benefit of the state, the
1/4 acres more-or-less abutting Lucas Pond in Northwood including the dam on the land necessary for the rebuilding of Lucas Pond dam. The department of fish and game is authorized to accept from any abutting landowners an easement to provide construction road access to the dam site.
(b) To improve and control certain water rights for the perpetuation of a reclaimed trout pond: the Whittemore Pond dam, listed as dam No. 22.01 in the files of the department of environmental services and located in the towns of Bennington and Greenfield, Hillsborough county. The department of fish and game shall obtain other attendant easements which may be necessary to provide access for the purpose of maintenance or repair of said dam but not for the purpose of public access. In addition to the funding under paragraph II, funding for repairs to Whittemore Pond dam shall be accomplished by public or private donations.
(c) To improve and control certain water rights, from the owner of a certain parcel of land surrounding a dam site across Jones Brook, otherwise located on state-owned land known as the Jones Brook wildlife management area, in the town of Middleton, county of Strafford, and state of New Hampshire, and further described as follows: Commencing at a point 75 feet due west of the northwest corner of the emergency spillway for the impoundment, said point being the point of beginning; thence due north 50 feet; thence due east 750 feet; thence due south 250 feet; thence due west 750 feet; thence northerly 200 feet to the point of beginning.
(d) The outlet dam, water rights, and 2.5 acre car-top boat launch access area at Robb Reservoir in the town of Stoddard, Cheshire county.
II. The department of fish and game is authorized to rebuild and maintain said dams subject to specifications of the department of environmental services. The funding for the construction shall be accomplished under the Dingell-Johnson federal aid program, P.L. 81-681, and any other available federal aid programs.
Terms Used In New Hampshire Revised Statutes 482:49
- 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
- Department: means the department of environmental services. See New Hampshire Revised Statutes 482:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- road: shall include all bridges thereon. See New Hampshire Revised Statutes 21:26
- 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. The properties the department of fish and game is authorized to acquire under this section for the benefit of the state shall be exempt from taxation as long as said properties are held by the state.
(a) To improve and control certain water rights for smelt spawning and for the fishing season for the benefit of the state, the
1/4 acres more-or-less abutting Lucas Pond in Northwood including the dam on the land necessary for the rebuilding of Lucas Pond dam. The department of fish and game is authorized to accept from any abutting landowners an easement to provide construction road access to the dam site.
(b) To improve and control certain water rights for the perpetuation of a reclaimed trout pond: the Whittemore Pond dam, listed as dam No. 22.01 in the files of the department of environmental services and located in the towns of Bennington and Greenfield, Hillsborough county. The department of fish and game shall obtain other attendant easements which may be necessary to provide access for the purpose of maintenance or repair of said dam but not for the purpose of public access. In addition to the funding under paragraph II, funding for repairs to Whittemore Pond dam shall be accomplished by public or private donations.
(c) To improve and control certain water rights, from the owner of a certain parcel of land surrounding a dam site across Jones Brook, otherwise located on state-owned land known as the Jones Brook wildlife management area, in the town of Middleton, county of Strafford, and state of New Hampshire, and further described as follows: Commencing at a point 75 feet due west of the northwest corner of the emergency spillway for the impoundment, said point being the point of beginning; thence due north 50 feet; thence due east 750 feet; thence due south 250 feet; thence due west 750 feet; thence northerly 200 feet to the point of beginning.
(d) The outlet dam, water rights, and 2.5 acre car-top boat launch access area at Robb Reservoir in the town of Stoddard, Cheshire county.