Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE HEADING: PL 1995, C. 630, §3 (NEW)
§905. Order for release of water
1. Order. Not earlier than 30 days after providing notice as required in section 904, the department shall issue an order to the dam owner to release water from the dam in a manner that minimizes the impact of the release, including requirements for mitigation as appropriate. If the department receives a petition requesting additional time to negotiate assumption of ownership of the dam and the dam owner agrees, the department may delay issuance of the order for an additional period agreed to by the dam owner and the petitioners.
[ 1995, c. 630, §3 (NEW) .]
2. Impact of order. An order issued under this article does not supersede any property right granted by deed or other legal instrument. An order issued under this article supersedes an order issued under section 840.
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE HEADING: PL 1995, C. 630, §3 (NEW)
§905. Order for release of water
1. Order. Not earlier than 30 days after providing notice as required in section 904, the department shall issue an order to the dam owner to release water from the dam in a manner that minimizes the impact of the release, including requirements for mitigation as appropriate. If the department receives a petition requesting additional time to negotiate assumption of ownership of the dam and the dam owner agrees, the department may delay issuance of the order for an additional period agreed to by the dam owner and the petitioners.
[ 1995, c. 630, §3 (NEW) .]
2. Impact of order. An order issued under this article does not supersede any property right granted by deed or other legal instrument. An order issued under this article supersedes an order issued under section 840.
Chapter 5: GENERAL PROVISIONS RELATING TO RIVERS AND STREAMS
Subchapter 1: MILLS AND DAMS
Article 6: RELEASE FROM DAM OWNERSHIP AND WATER LEVEL MAINTENANCE HEADING: PL 1995, C. 630, §3 (NEW)
§905. Order for release of water
1. Order. Not earlier than 30 days after providing notice as required in section 904, the department shall issue an order to the dam owner to release water from the dam in a manner that minimizes the impact of the release, including requirements for mitigation as appropriate. If the department receives a petition requesting additional time to negotiate assumption of ownership of the dam and the dam owner agrees, the department may delay issuance of the order for an additional period agreed to by the dam owner and the petitioners.
[ 1995, c. 630, §3 (NEW) .]
2. Impact of order. An order issued under this article does not supersede any property right granted by deed or other legal instrument. An order issued under this article supersedes an order issued under section 840.
