Decision Affecting Sources of Water Supply for New Hampshire Cities
A decision of important and far-reaching effect touching the waters of the State of New Hampshire which are used for the domestic water supply of cities and towns has been rendered by Chief Justice Robert J. Pike of the New Hampshire Superior Court. The case grew out of an effort on the part of the city of Concord to prohibit boating on Lake Penacook, which is that city’s source of water supply for domestic purposes. The proprietor of a passenger launch plying on the lake, took exceptions to the mandate of the authorities of Concord and brought suit against the city to compel it to restore his rights of boating and wharfage on the lake. The court finds that the order prohibiting boating on the lake was within the authority of the Concord board of water commissioners to make and enforce, and that there is no redress for the plaintiff other than to carry the case up to the supreme court. In speaking of the decision a Manchester, N. H„ newspaper stated that Manchester is in the same situation as Concord in regard to boating on Lake Massabesic and that the water commissioners have long regarded with disfavor public boating on the lake, because of the danger attendant upon such to the source of water supply. Greater safeguards are being thrown about Lake Massabesic this season than ever before, and yet, witri the health of 85,000 people at stake, the Manchester commissioners arc said to feel that they must go further still, and it may be that the present is the last season that boating will be allowed on the lake. It is argued that the waters of Lake Massabesic are for the city’s domestic supply, and it is important to throw every possible safeguard around them for fear of contamination.