HB69: (New Title) relative to large groundwater withdrawals.

CHAPTER 200

HB 69 – FINAL VERSION

06Apr2005… 0875h

06/02/05 1606s

2005 SESSION

05-0194 06/10

HOUSE BILL 69

AN ACT relative to large groundwater withdrawals.

SPONSORS: Rep. Cady, Rock 1; Rep. Bicknell, Rock 1; Rep. Kobel, Rock 1; Sen. Green, Dist 6

COMMITTEE: Resources, Recreation and Development

AMENDED ANALYSIS

This bill:

I. Requires the department to provide each municipality with a copy of any correspondence sent to an applicant and to provide the applicant with copies of correspondence to and from a municipality.

II. Requires a public hearing prior to the issuance of a decision on an application for a large groundwater withdrawal.

III. Makes the record of a public hearing on a large groundwater withdrawal subject to RSA 91-A.

IV. Establishes a basis for a decision on an application for a large groundwater withdrawal.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Apr2005… 0875h

06/02/05 1606s

05-0194

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to large groundwater withdrawals.

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

200:1 Approval for Large Groundwater Withdrawals; Municipal Information. Amend RSA 485-C:21, II to read as follows:

II. Applications for approval of water withdrawals of 57,600 gallons or more per day shall be filed with the department [in] on a form approved by the department. A preliminary report submitted by a public water system pursuant to department rules shall be an application for purposes of this section. Copies of the application and any subsequent materials submitted to the department shall be forwarded by certified mail by the applicant to the governing bodies of each municipality and each supplier of water within the anticipated zone of contribution to the well. The department shall provide the governing body of each municipality with copies of any mailed correspondence sent to the applicant. The department shall provide the applicant with copies of any mailed correspondence sent to or received from the governing body of a municipality.

200:2 New Paragraphs; Approval for Large Groundwater Withdrawals; Additional Hearing and Basis for Decision. Amend RSA 485-C:21 by inserting after paragraph V the following new paragraphs:

V-a. Upon the request of the governing body of a municipality within the anticipated zone of contribution, the department shall hold a public hearing, after receipt of the final report, and prior to a final decision. The department shall notify the municipalities within 10 days of receiving the final report. The municipalities shall have 15 days within which to request a public hearing. Notice and response to hearing requests shall be the same as that required under paragraph IV.

V-b. The department’s decision on the application shall be based on a demonstrated need for the withdrawal after review of:

(a) A description of the need.

(b) A conservation management plan.

(c) A conceptual hydrologic model of the withdrawal.

(d) A water resource and use inventory.

(e) The effects of the withdrawal on water resources and uses.

(f) Completion of a withdrawal testing program.

(g) Development of an impact monitoring and reporting program.

(h) Identification of potential mitigation measures.

200:3 Appeals. RSA 485-C:21, VI is repealed and reenacted to read as follows:

VI. Decisions of the department may be appealed in accordance with RSA 21-O:7, IV.

200:4 New Paragraph; Public Record. Amend RSA 485-C:21 by inserting after paragraph VI the following new paragraph:

VII. Records of public hearings shall be available pursuant to RSA 91-A.

200:5 Effective Date. This act shall take effect 60 days after its passage.

(Approved: July 1, 2005)

(Effective Date: August 30, 2005)