New Hampshire Revised Statutes 481:12 – Unlawful Use of Stored Water; Penalty
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Terms Used In New Hampshire Revised Statutes 481:12
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
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 N.H. Rev. Stat. § 481:8 or a judicial decree as provided in N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 481:9 during the pendency of such petition.