SB412: extending a public trust grant for the Gunstock Area ski resort's snowmaking.

CHAPTER 57

SB 412 – FINAL VERSION

01/22/04 0094s

2004 SESSION

04-3135

03/10

SENATE BILL 412

AN ACT extending a public trust grant for the Gunstock Area ski resort’s snowmaking.

SPONSORS: Sen. Johnson, Dist 2; Rep. Pilliod, Belk 31; Rep. Fitzgerald, Belk 30; Rep. Boyce, Belk 31

COMMITTEE: Environment

ANALYSIS

This bill extends by 15 years the date by which Gunstock Area must commence water withdrawals in order to avoid the expiration of the authorization to take water from Lake Winnipesaukee for ski area operations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/22/04 0094s

04-3135

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT extending a public trust grant for the Gunstock Area ski resort’s snowmaking.

Be it Enacted by the Senate and House of Representatives in General Court convened:

57:1 Gunstock Area Ski Resort Water Withdrawal Authorization; Date Extended. Amend 1990, 144:1 to read as follows:

144:1 Gunstock Area Ski Resort. Consistent with the best interests of the public as a whole and with state ownership or stewardship over such water bodies, the Gunstock Area of Gilford, and its successors and assigns, is authorized to take water for purposes of implementing a system of snowmaking and other activities incidental to present use and potential expansion of ski area operations from Lake Winnipesaukee, partly situated in the town of Gilford, subject to all applicable conditions and limitations incorporated in any permit issued by or agreements with the United States government or any agency thereof, the state of New Hampshire, or the town of Gilford. If the department of environmental services determines that a cessation, reduction, or other modification of such withdrawal is necessary for the preservation of environmental quality, protection of water quality, regulation of water quantity, or protection of habitat, the Gunstock Area and its successors and assigns shall, pursuant to written notice and order, cease, reduce, or modify its withdrawal as directed, provided that such order shall expire after 10 days unless during such 10-day period a public hearing is held by the department and a decision is made to extend such order. The department shall adopt rules under RSA 541-A establishing criteria and procedures for issuing such orders for such special hearings and for making such decisions. If the water withdrawals authorized by this act for the potential expansion of ski area operations of the Gunstock Area have not commenced [within 15 years of the effective date of this act] by April 19, 2020, such authorization shall expire.

57:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 3, 2004)

(Effective Date: July 2, 2004)