Section Env-Wr 704.01 - Findings After completing its further investigation in accordance with Env-Wr 703, the department shall prepare written findings regarding whether:
(a) The management and control of the outlet is adversely affecting the rights of owners of property above the outlet by eroding shorelines, flowing property not covered by a flowage easement, preventing access to property that is accessible only by boat, or interfering with the use and enjoyment of the water for recreational purposes, including boating, swimming, and fishing;(b) The management and control of the outlet is adversely affecting the rights of owners of property below the outlet by eroding shorelines, releasing insufficient water for reasonable riparian uses, or interfering with the use and enjoyment of the water for recreational purposes, including boating, swimming, and fishing;(c) The management and control of the outlet is adversely affecting the rights of the public to use public waters for navigation or recreational purposes, including boating, swimming and fishing;(d) The management and control of the outlet is lawful;(e) The benefits of the current management and control of the outlet outweigh any adverse effects that may be occurring;(f) Changes to the management and control of the outlet would be of benefit to the public and private interests concerned; and(g) Changes in the management and control of the outlet to benefit the use and enjoyment of the waters above or below the outlet by the public or by owners of property above or below the outlet would deprive the owner of the outlet or others of rights to which they are lawfully entitled.N.H. Admin. Code § Env-Wr 704.01
#4278, eff 6-30-87; ss by #5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05 (formerly Env-Wr 401.04); ss by #10510, eff 1-22-14