§ 481:12 — Unlawful Use of Stored Water; Penalty

As used in this section, the term "stored water" is defined as water released from storage provided under the terms hereof in excess of the amount which would naturally flow at the time of such release if storage facilities had not been so provided and maintained. It shall be unlawful (1) for any person not entitled thereto under a contract as provided in RSA 481:8 or a judicial decree as provided in RSA 481:9 willfully to use for power or other purposes any stored water, or (2) for any person willfully to interfere with the flow of any stored water except so far as necessary in making a reasonable use of the same under such a contract or decree or a reasonable use of the natural flow in the exercise of his rights as a riparian or littoral proprietor, and any person, firm or corporation guilty of such unlawful use of or interference with the flow of stored water shall, upon conviction thereof, be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and each and every day of such unlawful use or interference shall be a separate offense. The superior court sitting in equity shall have jurisdiction to enjoin the unlawful use of stored water and it shall be the duty of the attorney general to prosecute proceedings for the enforcement of the provisions hereof, but no criminal prosecution or proceeding for injunction with respect to the use of stored water shall be instituted or prosecuted under this section against a user who is a party to a petition under RSA 481:9 during the pendency of such petition.

Legislative History

1935, 121:10. 1937, 118:7. RL 266:11. RSA 481:12. 1973, 529:116, eff. Oct. 31, 1973 at 11:59 p.m.