1. (a) As required by RSA 482:79, the department shall commence a preliminary investigation of conditions affecting the use and enjoyment of a water body under any of the following circumstances:

   1. (1) Upon receipt of a request per Env-Wr 702.01;
   2. (2) Upon request of the New Hampshire attorney general; or
   3. (3) On its own motion, when information received by the department warrants further investigation.

2. (b) The department shall investigate:

   1. (1) The current and past management and control of the outlet; and

   2. (2) The effects, if any, of such management and control on:

      1. a. The use and enjoyment of shore property above the outlet;
      2. b. Any riparian rights below the outlet; and
      3. c. The use and enjoyment of the waters above and below the outlet by the public and by owners of littoral or riparian property.
3. (c) Based upon the preliminary investigation, the department shall determine whether the management and control of the outlet is having a serious and adverse effect on any of the factors identified in (b)(2), above.

4. (d) For purposes of the determination in (c), above, a “serious and adverse effect” means an impact that has a reasonable likelihood of interfering with the use and enjoyment of littoral or riparian property or public waters by:

   1. (1) Eroding shorelines above or below the outlet;
   2. (2) Flowing property that is not covered by a flowage easement;
   3. (3) Interfering with access to the waters above or below the outlet;
   4. (4) Causing the waters above or below the outlet to be unsuitable for navigation or recreation;
   5. (5) Causing harm to aquatic or land-based habitat; or
   6. (6) Any combination of (1) through (5), above.

Source. #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 401.02); ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24