HB1563 (2012) Detail

Relative to Greenland's water rights.


CHAPTER 91

HB 1563 – FINAL VERSION

8Feb2012… 0383h

04/11/12 1519s

2012 SESSION

12-2710

03/09

HOUSE BILL 1563

AN ACT relative to Greenland’s water rights.

SPONSORS: Rep. Tucker, Rock 17

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill expands the authority of the town of Greenland over the activities in the town of the city of Portsmouth’s waterworks.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Feb2012… 0383h

04/11/12 1519s

12-2710

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to Greenland’s water rights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

91:1 City May Extend Waterworks. Amend 1899, 205:1 to read as follows:

SECTION 1. The city of Portsmouth, in the county of Rockingham, in addition to the powers conferred by chapter 209 of the Laws of 1891, authorizing said city to manage and control its water supply, is hereby authorized and empowered and given the exclusive right to extend its system of water-works into the towns of Newington[, Greenland,] and Newcastle, and that part of Rye northeast of the Wallis Sands life-saving station, and the road leading therefrom to Lang’s Corner in the town of Rye, and the nonexclusive right to extend its system of water-works into the town of Greenland, all in the county of Rockingham, for the purpose of introducing into and distributing through said towns an adequate supply of water in subterranean or other pipes for extinguishing fires, and for the use of their citizens, and for other purposes[; and for that purpose]. The city of Portsmouth exclusively may take, purchase, and hold, in fee simple or otherwise, free from taxation, any real or personal estate in said towns, and any rights therein and water rights necessary for carrying into effect the purposes of this act, subject only to Greenland’s right to exercise the same described rights within the town of Greenland for the purpose of supplying water within its boundaries.

91:2 Extension of Waterworks into Greenland. The following shall apply to the extension of the city of Portsmouth’s system of waterworks into the town of Greenland pursuant to 1899, 205:

I. Any exercise of eminent domain and any excavation, construction, or improvement of property for operation of the waterworks is subject to prior written notice to and approval by the board of selectmen of the town of Greenland, except in the case of an emergency.

II. Any excavation or construction on public rights-of-way of the town of Greenland shall be subject to existing permit requirements, except in the case of an emergency.

91:3 Effective Date. This act shall take effect upon its passage.

Approved: May 29, 2012

Effective Date: May 29, 2012