§ 11-1311. Fishing in waters impounded by dams constructed for power\n purposes.\n The waters impounded by any dam hereafter constructed for power\npurposes on any stream or waterway in the state, and impressed with a\npublic interest pursuant to section 15-1713 of this chapter, shall be\nopen to the public to fish thereon, when authorized by other applicable\nprovisions of this chapter, subject to the following conditions and\nlimitations:\n a. Such fishing must be conducted in accordance with rules and\nregulations of the commissioner in agreement with the person,\nassociation or corporation proposing to construct the dam.\n b. Such rules and regulations must provide, among other things, that\nfishing upon any such waters shall be conducted in such a manner as not\nto interfere injuriously with the operation and maintenance of the dam\nor of any manufacturing plant operated by power generated therefrom.\n c. Damages sustained by a person while fishing or in connection\ntherewith shall not constitute a claim either against the state or the\nperson, association or corporation owning the dam or his or its lessee\nor other assignee in interest.\n d. The commissioner, of his own motion or upon application, after a\npublic hearing held pursuant to notice, shall have power, in his\ndiscretion, to exempt from the provisions of this section, the waters\nimpounded by any dam hereafter constructed for power purposes. Notice of\nsuch a hearing shall be posted at least ten days before the hearing in\nfive conspicuous places in the locality where the dam is to be\nconstructed.\n e. Rules and regulations of the commissioner, so far as practicable,\nshall be uniform, but may vary in different localities of the state.\n f. Warning notices or signboards not less than one foot square shall\nbe conspicuously posted not more than forty rods apart close to and\nalong the entire boundary of such impounded waters. Posting of such\nnotices shall be sufficient provided that illegal and destroyed signs be\nreplaced once a year during the months of March, July, August or\nSeptember. Warning notices shall contain such information as the\ncommissioner by rule or regulation may prescribe.\n
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