Conn. Agencies Regs. § 26-141a-3 - Jurisdiction
(a) These regulations shall apply to any dam
or other structure which impounds, or diverts waters, located on those
watercourses which are listed in an annual publication by the Commissioner of
stocked watercourses and their tributaries, or parts thereof, the flow of which
he finds reasonably necessary to the protection and maintenance of such
stocking, which are in operation on the effective date of these regulations or
which subsequently commence operation.
(b) Except that the following impoundments
and diversions shall be exempt from these regulations:
(1) those at locations with drainage areas of
less than three (3) square miles in area;
(2) government operated flood control
dams;
(3) those which discharge
directly or through a stream less than one mile in length into a reservoir,
lake, pond, or tidal waters unless the Commissioner has found that such stream
has a unique value to the natural or stocked wildlife;
(4) those which return substantially all the
daily inflow to the same watercourse in the immediate vicinity or in the case
of existing impoundments and diversions, in the locations where releases
normally occur;
(5) those which
have no capability of controlling the discharge; and
(6) those exempted by action of the
Commissioner under Section
26-141a-4.
(c) Compliance with these
regulations shall not affect, impair, or infringe upon any property or
contractual rights which may have existed prior to the effective date of these
regulations and which require greater releases.
Notes
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