§ 481:1-a — Declaration of Need

I. It is declared that there is a statewide need for conservation and distribution of water and the regulation of the flow of rivers and streams, and for the development and promotion of hydro-energy resources, and that the public interest, welfare and necessity may, at times, require the construction of projects for the conservation, development, storage, distribution, and utilization of water and the operation of hydro-energy production facilities relying on water energy resources. The department of environmental services shall be regarded as performing a governmental function in carrying out these provisions. In carrying out the provisions and purposes of this chapter, the department of environmental services shall not, however, perform promotion activities which involve new or existing hydroelectric generation projects.
II. It is further declared that there is a special public need for dams, reservoirs and hydro-energy production facilities at strategic locations for regulating the flow of rivers and streams to lessen damages resulting from floods and to promote the state's industrial and economic welfare by enhancing and utilizing the present and potential water power along the rivers and streams. The construction, maintenance and operation of such dams, reservoirs and hydro-energy production facilities is the primary purpose of this chapter.

Legislative History

1985, 400:6. 1986, 202:16, eff. Jan. 2, 1987.