New Hampshire Revised Statutes 481:3 – Authority of Commissioner
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The commissioner may engage in projects, financed as set forth in this chapter. The commissioner is authorized:
I. To investigate and identify the facilities for storing surplus water, and for conserving, controlling and distributing surplus water, and to investigate and identify facilities for the production and utilization of hydro-energy;
II. To acquire, hold and dispose of personal property for the department‘s purposes;
III. To acquire in the name of the state by purchase, condemnation, lease, or otherwise, real property and rights and easements relating to the real property deemed by it necessary or desirable for its corporate purposes. The commissioner may also use the property;
IV. To sell, lease and dispose of real property and rights and easements relating to the real property not needed in the judgment of the commissioner for the purposes of this chapter;
V. To construct, reconstruct, maintain and operate projects;
VI. To charge and collect fees, rents and tolls for water, the use of water, water supply, water storage, hydro-energy production facilities, sites for hydro-energy production facilities, and other related services, subject to and in accordance with agreements with bondholders, water users, developers and operators as provided in this chapter;
VII. [Repealed.]
VIII. To exercise any of the commissioner’s powers:
(a) In any adjoining state or adjoining country, unless the exercise of the power is not permitted under the laws of such state, a country or the United States of America; or
(b) In any public domain of the United States adjoining or located in this state, unless the exercise of the power is not permitted under the laws of the United States of America;
IX. [Repealed.]
X. To apply for and hold all necessary permits and licenses, and to meet all requirements of the Federal Energy Regulatory Commission in developing hydro-energy production facilities, subject to the authority of the division of economic development in the department of business and economic affairs to promote hydro-energy projects;
X-a. To provide technical assistance to the division of economic development of the department of business and economic affairs when the division requests such assistance in the promotion or development of a hydro-energy project;
XI. [Repealed.]
XII. [Repealed.]
XIII. To do all things necessary or incidental to the foregoing powers.
I. To investigate and identify the facilities for storing surplus water, and for conserving, controlling and distributing surplus water, and to investigate and identify facilities for the production and utilization of hydro-energy;
Terms Used In New Hampshire Revised Statutes 481:3
- Commissioner: means the commissioner of the department of environmental services. See New Hampshire Revised Statutes 481:2
- Department: means the department of environmental services. See New Hampshire Revised Statutes 481:2
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
- Project: shall be deemed to include all property, rights, easements and franchises relating to the project and necessary or convenient for its operation. See New Hampshire Revised Statutes 481:2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. To acquire, hold and dispose of personal property for the department‘s purposes;
III. To acquire in the name of the state by purchase, condemnation, lease, or otherwise, real property and rights and easements relating to the real property deemed by it necessary or desirable for its corporate purposes. The commissioner may also use the property;
IV. To sell, lease and dispose of real property and rights and easements relating to the real property not needed in the judgment of the commissioner for the purposes of this chapter;
V. To construct, reconstruct, maintain and operate projects;
VI. To charge and collect fees, rents and tolls for water, the use of water, water supply, water storage, hydro-energy production facilities, sites for hydro-energy production facilities, and other related services, subject to and in accordance with agreements with bondholders, water users, developers and operators as provided in this chapter;
VII. [Repealed.]
VIII. To exercise any of the commissioner’s powers:
(a) In any adjoining state or adjoining country, unless the exercise of the power is not permitted under the laws of such state, a country or the United States of America; or
(b) In any public domain of the United States adjoining or located in this state, unless the exercise of the power is not permitted under the laws of the United States of America;
IX. [Repealed.]
X. To apply for and hold all necessary permits and licenses, and to meet all requirements of the Federal Energy Regulatory Commission in developing hydro-energy production facilities, subject to the authority of the division of economic development in the department of business and economic affairs to promote hydro-energy projects;
X-a. To provide technical assistance to the division of economic development of the department of business and economic affairs when the division requests such assistance in the promotion or development of a hydro-energy project;
XI. [Repealed.]
XII. [Repealed.]
XIII. To do all things necessary or incidental to the foregoing powers.