Sec.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.

(Effective April 24, 1979)