Section Env-Wr 704.02 - Report of Findings; Decision Based upon its findings, the department shall:
(a) Order no change in the management and control of the outlet if it finds that: (1) The benefits of the present management and control of the outlet outweigh any adverse effects on the public and on owners of property above or below the outlet; and(2) Changes in the management and control of the outlet would not be expected to produce benefits that:a. Are greater than those resulting from the present management; andb. Would outweigh any adverse effects of the changes;(b) Order changes in the management and control of the outlet if the benefits expected from the change are:(1) Greater than the benefits from the present management and control of the outlet; and(2) Expected to outweigh any adverse effects of the changed management and control of the outlet;(c) Report to the governor and council its findings, including an estimate of damages, if it finds that changes in the management and control would be of benefit to the public and private interests concerned but would deprive the owner of the outlet or others of rights to which they are lawfully entitled; or(d) Report to the attorney general if the management and control of the outlet is unlawful.N.H. Admin. Code § Env-Wr 704.02
#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 401.05); ss by #10510, eff 1-22-14