Section 11-1311. Fishing in waters impounded by dams constructed for power purposes  


Latest version.
  • 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.