In 1890, Charles Doe, Chief Justice of the New Hampshire Supreme Court, described the development of the law of great ponds in Concord Mfg.
Co. v. Robertson, a case concerning the rights of individuals to cut and remove ice from a pond adjacent to land they had leased, subsequently reducing the flow of water at a downstream mill.
Co. decision: "By the English rule thus modified, the legal title of New Hampshire land was in the king, who held it as trustee in his official and representative capacity, with no private interest.
The dry land, and the soil under fresh rivers, brooks, and small ponds, was convertible, by his grant, into private property, for settlement, and for the advancement of the common welfare.
"[4]A great pond is defined in Maine state statute as "any inland body of water which in a natural state has a surface area in excess of 10 acres (40,000 m2) and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres (120,000 m2) except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
Special statutory regulations apply to land adjacent to great ponds for the purposes of shoreland protection and timber harvesting.