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Old 10-02-2013, 12:40 PM
Hextall Hextall is offline
Senior Member
Join Date: Sep 2005
Location: Lee, NH
Posts: 170

Originally Posted by truiteman View Post
The boating club will sue.
From what I understand of the relevant case law, upstream property owners have no right to dictate to downstream property owners the flows or amount of water in an impoundment, as long as the flow or amount of water is at or more than the low-mark natural level (i.e. without the dam).

Basically, people cannot dictate how much water a dam owner must keep in an impoundment. So if someone sues, all they'll be doing is trying to basically blackmail Newmarket to keep the dam via legal fees because any lawsuit they take will likely be lost.

So the dam's fate likely will come down to whether Newmarket wants to pay for repairs, or to defend a lawsuit they'll win. Considering the costs to repair the dam ranges from 1.1 to 4+ million dollars... and that funding to remove the dam will come from non-Newmarket wallets... I predict that...

Oh hell... Newmarket will do what it always does and kick the can down the road. Nothing is going to happen to the dam for I bet 2 decades.

Last edited by Hextall; 10-03-2013 at 07:19 PM.
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