Whenever any dam or other structure is maintained in this state which impounds, or diverts, the waters of a river or stream or which dam or other structure affects the flow of water in such a river or stream, the Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, setting forth standards concerning the flow of such water in accordance with section
26-141b.
(1971, P.A. 229, S. 1; 872, S. 441; P.A. 05-142, S. 1; P.A. 11-80, S. 1.)
History: Later 1971 act replaced state board of fisheries and game and water resources commission with commissioner of environmental protection; P.A. 05-142 removed references to stocked rivers or streams and made technical changes; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Notes of Decisions
City of Waterbury v. Town of Washington, 800 A.2d 1102 (Conn. 2002).
· cites it 10× “Specifically, Waterbury asserts that the trial court: (1) lacked subject matter jurisdiction over the CEPA claim because the defendants had failed to exhaust their administrative remedies; (2) improperly declined to apply the minimum flow statute; General Statutes §§ 26-141a…”
Fort Trumbull Conservancy, LLC v. Alves, 815 A.2d 1188 (Conn. 2003).
· cites it 2× “The plaintiff appealed, contending for the first time on appeal that the trial court lacked subject matter jurisdiction over the claim because the defendants had failed to exhaust their administrative remedies under the so-called minimum flow statutes, General Statutes §§…”
Connecticut Coalition Against Millstone v. Rocque, 836 A.2d 414 (Conn. 2003).
· cites it 2× “The trial court found for the defendants on their counterclaim. Id., 519. The city appealed, asserting that the trial court lacked subject matter jurisdiction over the water diversion claim because the defendants had failed to exhaust their administrative remedies under the…”
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