Legislation
SECTION 11-1311
Fishing in waters impounded by dams constructed for power purposes
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 13
§ 11-1311. Fishing in waters impounded by dams constructed for power
purposes.
The waters impounded by any dam hereafter constructed for power
purposes on any stream or waterway in the state, and impressed with a
public interest pursuant to section 15-1713 of this chapter, shall be
open to the public to fish thereon, when authorized by other applicable
provisions of this chapter, subject to the following conditions and
limitations:
a. Such fishing must be conducted in accordance with rules and
regulations of the commissioner in agreement with the person,
association or corporation proposing to construct the dam.
b. Such rules and regulations must provide, among other things, that
fishing upon any such waters shall be conducted in such a manner as not
to interfere injuriously with the operation and maintenance of the dam
or of any manufacturing plant operated by power generated therefrom.
c. Damages sustained by a person while fishing or in connection
therewith shall not constitute a claim either against the state or the
person, association or corporation owning the dam or his or its lessee
or other assignee in interest.
d. The commissioner, of his own motion or upon application, after a
public hearing held pursuant to notice, shall have power, in his
discretion, to exempt from the provisions of this section, the waters
impounded by any dam hereafter constructed for power purposes. Notice of
such a hearing shall be posted at least ten days before the hearing in
five conspicuous places in the locality where the dam is to be
constructed.
e. Rules and regulations of the commissioner, so far as practicable,
shall be uniform, but may vary in different localities of the state.
f. Warning notices or signboards not less than one foot square shall
be conspicuously posted not more than forty rods apart close to and
along the entire boundary of such impounded waters. Posting of such
notices shall be sufficient provided that illegal and destroyed signs be
replaced once a year during the months of March, July, August or
September. Warning notices shall contain such information as the
commissioner by rule or regulation may prescribe.
purposes.
The waters impounded by any dam hereafter constructed for power
purposes on any stream or waterway in the state, and impressed with a
public interest pursuant to section 15-1713 of this chapter, shall be
open to the public to fish thereon, when authorized by other applicable
provisions of this chapter, subject to the following conditions and
limitations:
a. Such fishing must be conducted in accordance with rules and
regulations of the commissioner in agreement with the person,
association or corporation proposing to construct the dam.
b. Such rules and regulations must provide, among other things, that
fishing upon any such waters shall be conducted in such a manner as not
to interfere injuriously with the operation and maintenance of the dam
or of any manufacturing plant operated by power generated therefrom.
c. Damages sustained by a person while fishing or in connection
therewith shall not constitute a claim either against the state or the
person, association or corporation owning the dam or his or its lessee
or other assignee in interest.
d. The commissioner, of his own motion or upon application, after a
public hearing held pursuant to notice, shall have power, in his
discretion, to exempt from the provisions of this section, the waters
impounded by any dam hereafter constructed for power purposes. Notice of
such a hearing shall be posted at least ten days before the hearing in
five conspicuous places in the locality where the dam is to be
constructed.
e. Rules and regulations of the commissioner, so far as practicable,
shall be uniform, but may vary in different localities of the state.
f. Warning notices or signboards not less than one foot square shall
be conspicuously posted not more than forty rods apart close to and
along the entire boundary of such impounded waters. Posting of such
notices shall be sufficient provided that illegal and destroyed signs be
replaced once a year during the months of March, July, August or
September. Warning notices shall contain such information as the
commissioner by rule or regulation may prescribe.