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N.H. WATER RES. COUNCIL v. STEELS POND HYDRO

Nos. 2003-669 2003-689

151 N.H. 214 (2004)

NEW HAMPSHIRE WATER RESOURCES COUNCIL v. STEELS POND HYDRO, INC. & a.

Supreme Court of New Hampshire

Opinion Issued: June 30, 2004

Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Richard W. Head, assistant attorney general, on the briefs and orally), for the plaintiff.

Orr & Reno, P.A., of Concord (Howard M. Moffett & a. on the briefs, and Mr. Moffett and Douglas L. Patch orally), for the defendants.

DALIANIS, J.

In these consolidated cases, the plaintiff, New Hampshire Water Resources Council (WRC), appeals decisions of the Superior Court (Fitzgerald, J.) granting summary judgment to the defendants, Steels Pond Hydro, Inc. (Steels Pond) and Pittsfield Hydropower Company, Inc. (Pittsfield Hydro). We affirm in part, reverse in part and remand.

The WRC owns the Steels Pond Dam and the Pittsfield Mill Dam, and leases one to each defendant. The defendants...

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