228:34 Private Water Supplies. –
When there is a complaint that privately owned water supplies have been destroyed or rendered unfit for use as water supplies because of construction or maintenance operations on the state highway systems, the commissioner shall investigate and determine the extent, if any, of state responsibility.
I. Upon determination that there is state responsibility the commissioner may authorize the use of highway funds to:
(a) Replace or repair the damage to the water supplies, or
(b) Pay damages in lieu of replacement or repair, or
(c) Purchase real property in lieu of replacement or repair, or
(d) Enter into agreements with water departments or governmental units to assist in extending water lines or establishing new water systems.
II. The commissioner may not authorize the use of state highway funds when it is determined that water supplies that are dug, drilled or developed after July 1, 1965 are located closer than 50 feet to highway rights-of-way and drainage ditches or both, or where the location does not allow or provide for adequate surface drainage.
III. The commissioner may issue rules and regulations in accordance with recognized standards regarding water supplies, that include, but are not limited to, quality and quantity of replaced water supplies, deficiencies other than chlorides rendering an existing supply unpotable, hardship cases, and responsibility for replacement of piping, tanks, pumps, heating systems or other fixtures.